Is a plaintiff's failure to object to the testimony of an expert in a medical malpractice case a strike?

California, United States of America


The following excerpt is from People v. Mathis, B282869 (Cal. App. 2019):

to strike, he has forfeited his appellate challenge to the admission of the evidence. (See People v. Partida (2005) 37 Cal.4th 428, 433-435.) Defendant nevertheless contends that the expert's answers were so improper that they amounted to constitutional error, and he further contends that because they amounted to constitutional error, he should be excused from his failure to preserve his challenge to them for review on appeal. On the contrary. As defendant's failure to object to the testimony included a failure to make any claim of constitutional error, he has forfeited any challenge based upon federal constitutional error. (Id. at pp. 435-439.)

Other Questions


In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
Is a plaintiff's claim for medical malpractice forfeited as a result of his failure to object to the testimony? (California, United States of America)
What is the test for a motion for nonsuit in a medical malpractice case where plaintiff failed to produce expert testimony? (California, United States of America)
What is the test for objecting to expert testimony in a medical malpractice case? (California, United States of America)
What is the impact of the exclusion of expert testimony in a medical malpractice case? (California, United States of America)
What is the test for admitting expert testimony in a medical malpractice case? (California, United States of America)
Can a medical malpractice claim in an arbitration proceeding be considered "medical malpractice"? (California, United States of America)
What is the test for expert testimony in the context of a medical malpractice claim? (California, United States of America)
What is the test for opinion testimony by an expert in a medical malpractice case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.