What is the test for admitting or excluding expert testimony in a medical malpractice case?

California, United States of America


The following excerpt is from People v. James, A157062 (Cal. App. 2021):

Expert witnesses are limited to opinion testimony "[r]elated to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact." (Evid. Code, 801, subd. (a).)" 'The trial court has broad discretion in deciding whether to admit or exclude expert testimony [citation], and its decision as to whether expert testimony meets the standard for admissibility is subject to review for abuse of discretion.'" (People v. Duong (2020) 10 Cal.5th 36, 60.)

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