Can a jury consider incompetent hearsay evidence in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Perry, A151474 (Cal. App. 2018):

jury incompetent hearsay evidence. [Citation.]' " [] Because an expert's need to consider extrajudicial matters, and a jury's need for information sufficient to evaluate an expert opinion, may conflict with an accused's interest in avoiding substantive use of unreliable hearsay, disputes in this area must generally be left to the trial court's sound judgment. [Citations.] . . . [] . . . In such cases, Evidence Code section 352 authorizes the court to exclude from an expert's testimony any hearsay matter whose irrelevance, unreliability, or potential for prejudice outweighs its proper probative value. [Citation.]' [Citation.] We review the court's decision for abuse of discretion." (People v. Yuksel, supra, 207 Cal.App.4th 850, 856-857 (Yuksel).)

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