What is the test for an expert's opinion in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Barnes, G046721 (Cal. App. 2014):
Evidence Code section 801 allows an expert witness to express an opinion "[r]elated to a subject . . . sufficiently beyond common experience" that it "would assist the trier of fact" if it is "[b]ased on matter . . . perceived by or personally known to the witness or made known to him at or before the hearing, . . . that is of a type that reasonably may be relied upon by an expert in forming an opinion upon the subject to which his testimony relates." The trial court has wide discretion in determining the admissibility of an expert opinion. (People v. Pollock (2004) 32 Cal.4th 1153, 1172.)
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