CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Opinion & Scientific Evidence
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Forensic Issues
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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.