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

California, United States of America


The following excerpt is from People v. Westover, H038764 (Cal. App. 2015):

Evidence Code section 352 "accords the trial court broad discretion to exclude even relevant evidence." (People v. Clark (2011) 52 Cal.4th 856, 893.) Pursuant to Evidence Code section 352, the trial court "may exclude evidence if its probative value is substantially outweighed by the probability that its admission will . . . necessitate undue consumption of time or . . . create substantial danger of undue prejudice, of confusing the issues, or of misleading the jury." (Evid. Code, 352.)

Evidence Code section 801, subdivision (a) limits the testimony of an expert witness to opinions that are "[r]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." A trial court has broad discretion in determining the admissibility of expert testimony. (People v. Bui (2001) 86 Cal.App.4th 1187, 1196.)

"We review claims regarding a trial court's ruling on the admissibility of evidence for abuse of discretion." (People v. Goldsmith (2014) 59 Cal.4th 258, 266.)

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