CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Forensic Issues
.........Standard of Care
............Doctors: Generally
6 Cards On This Topic:
  • Standard of care of medical professional must ordinarily be established by expert testimony.
  • Expert witness declarations required by (former) Code of Civil Procedure §2034 (a)(2) when treating doctors asked to provide expert opinions on D physician's standard of care.
  • When duty to disclose imposed by statute/regs, error to require jury to consider only expert testimony in determining whether disclosure adequate for informed consent.
  • Exclusion of expert testimony re standard of care prejudicial error, as qualifications sufficiently established to permit testimony on major issue in case.
  • Expert testimony re standard of care not required where accident of type which does not normally occur absent negligence.
  • Expert testimony not required where professional negligence so obvious that can be evaluated by lay persons resorting to common experience.