What is the test for qualified testimony as an expert in a medical malpractice case?

California, United States of America


The following excerpt is from People v. Richmond, B283521 (Cal. App. 2019):

A witness may testify as an expert if the subject matter is "sufficiently beyond common experience that the opinion of an expert would assist the trier of fact" and the testimony is "[b]ased on matter . . . 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." (Evid. Code, 801.) A person may be qualified to testify as an expert if he or she "has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates . . . ." (Evid. Code, 720.) The determination that a witness qualifies as an expert "rests in the sound discretion of the trial court" and will not be disturbed on appeal "[a]bsent a manifest abuse . . . ." (People v. Ramos (1997) 15 Cal.4th 1133, 1175.)

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