What is the proper subject of cross-examination for an expert in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Townsel, 201 Cal.Rptr.3d 19, 368 P.3d 569, 63 Cal.4th 25 (Cal. 2016):

reluctance to acknowledge defendant might have been malingering during her evaluation and hence her possible bias, a proper subject of cross-examination and a topic to which the prosecutor returned in his closing argument. "It is common practice to challenge an expert by inquiring in good faith about relevant information, including hearsay, which he may have overlooked or ignored." (People v. Montiel (1993) 5 Cal.4th 877, 924, 21 Cal.Rptr.2d 705, 855 P.2d 1277.) The trial court did not abuse its discretion in overruling the defense objection.

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