What is the test for admissibility of expert opinion testimony in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Gutierrez, E053552 (Cal. App. 2013):
"Testimony in the form of an opinion that is otherwise admissible is not objectionable because it embraces the ultimate issue to be decided by the trier of fact." (Evid. Code, 805.) The admissibility of expert opinion testimony that embraces the ultimate issue "'"depends on the nature of the issue and the circumstances of the case, there being a large element of judicial discretion involved. . . ."'" (People v. Killebrew
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