What is the test for having a neutral expert in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Henderson v. Felker, No. 2:06-cv-1325 GEB EFB P (E.D. Cal. 2013):
The court considers several factors in determining the necessity of a neutral expert. First, and most importantly, the court considers whether the opinion of a neutral expert will promote accurate factfinding. Gorton v. Todd, 793 F. Supp. 2d 1171, 1179 (E.D. Cal. 2011). Additionally, the court may consider the ability of the indigent party to obtain an expert and the significance of the rights at stake in the case. Id. at 1182-84.
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