What is the test for expert opinion in medical malpractice cases?
British Columbia, Canada
The following excerpt is from Fabretti v. Singh, 2012 BCSC 593 (CanLII):
The plaintiff submits that the Report satisfies the test for expert opinion set out in Kelliher v. Smith, 1931 CanLII 1 (SCC), [1931] S.C.R. 672, per Lamont J. at 684: To justify the admission of expert testimony two elements must co-exist: The subject-matter of the inquiry must be such that ordinary people are unlikely to form a correct judgment about it, if unassisted by persons with special knowledge. The witness offering expert evidence must have gained his special knowledge by a course of study or previous habit which secures his habitual familiarity with the matter in hand.
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