What is the test for qualified expert testimony in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Alvarezalvarez, G047701 (Cal. App. 2014):

"A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates." (Evid. Code, 720.) Expert opinion testimony is admissible when the subject matter is "beyond common experience," and the expert's opinion would assist the jury. (Evid. Code, 801, subd. (a).) The question of whether a witness is sufficiently qualified as an expert is within the court's discretion, and the court's exercise of that discretion will not be disturbed absent manifest abuse. (People v. Jones (2013) 57 Cal.4th 899, 949.)

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