Is expert testimony on hypothetical facts in a medical malpractice case admissible?
California, United States of America
The following excerpt is from People v. Mau, C067198 (Cal. App. 2012):
merit. Opinion testimony "that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trier of fact." (Evid. Code, 805.) While expert testimony on hypothetical facts may lead the jury to believe the conclusions are true, such circumstances "makes the testimony probative, not inadmissible. [Citation.]" (People v. Gonzalez (2006) 38 Cal.4th 932, 947.)
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