What is the test for limiting the testimony of an expert in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Veamatahau, 259 Cal.Rptr.3d 205, 459 P.3d 10, 9 Cal.5th 16 (Cal. 2020):

In addition, the court has authority under section 352 to impose reasonable limits on an experts testimony. (See, e.g., People v. Richardson (2008) 43 Cal.4th 959, 1008, 77 Cal.Rptr.3d 163, 183 P.3d 1146 [noting that the trial courts authority under section 352 "extends to the admission or exclusion of expert testimony"].) If the court believes an expert is unduly consuming time, improperly seeking to impress the jury with someone elses expertise, or otherwise "creat[ing] substantial danger of ... confusing the issues, or of misleading the jury," the court may curtail an experts testimony for instance, by limiting how much of a hearsay source an expert can relate to the factfinder. ( 352.)

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