What is the test for admissibility of experimental evidence in medical malpractice cases?
California, United States of America
The following excerpt is from Kaur v. Lindeman, C071516 (Cal. App. 2016):
qualifications of the individual testifying concerning the experimentation must be demonstrated with some particularity; and (4) evidence of the experiment will not consume undue time, confuse the issues, or mislead the jury.' [Citations.]" (People v. Bradford (1997) 15 Cal.4th 1229, 1326 (Bradford).) The trial court's decision as to the admissibility of experimental evidence is reviewed for abuse of discretion. (People v. Guerra (2006) 37 Cal.4th 1067, 1120.)
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