What is the test for certifying an expert as a witness in a medical malpractice case?
California, United States of America
The following excerpt is from People v. Arroyo, D059741 (Cal. App. 2012):
The contentions are without merit. " 'The qualification of expert witnesses, including foundational requirements, rests in the sound discretion of the trial court. [Citations.] That discretion is necessarily broad: "The competency of an expert 'is in every case a relative one, i.e. relative to the topic about which the person is asked to make his statement.' [Citation.]" [Citation.] Absent a manifest abuse, the court's determination will not be disturbed on appeal.' " (People v. Castaneda (2011) 51 Cal.4th 1292, 1336.)
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