What is the test for determining whether trustworthiness is present in a medical malpractice case?
California, United States of America
The following excerpt is from State v. Miller, 81 Cal.App.4th 1427, 97 Cal.Rptr.2d 684 (Cal. App. 2000):
"'The decision whether trustworthiness is present requires the court to apply to the peculiar facts of the individual case a broad and deep acquaintance with the ways human beings actually conduct themselves in the circumstances material under the exception. Such an endeavor allows, in fact demands, the exercise of discretion.'" (People v. Greenberger, supra, 58 Cal.App.4th at p. 335.)
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