CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Forensic Issues
.........Standard of Care
............Doctors: Emergency Room
6 Cards On This Topic:
  • Standard of care for emergency room professional requires testimony of expert with specific emergency room experience.
  • H&SC §1799.110(c) does not limit all expert medical testimony in a suit against an emergency room doctor; it applies only to medical testimony regarding the standard of care.
  • 5-year period set out in H&S 1799.110, for expert witness experience in ER, must be measured from date of alleged malpractice, not date of trial.
  • Specialist merely "on call" to ER not qualified to give expert testimony as ER physician under H&S Code.
  • Court properly refused to admit expert's testimony in medical negligence case where P failed to establish qualifications as emergency room expert.
  • Limitations on expert testimony in emergency room malpractice case; procedure to follow.