Personal Injury Lawyer Blog
It is worth noting that situations similar to those described in this birth injury case could just as easily occur at any of the healthcare facilities in the area, such as Kaiser Permanente, UC Davis Medical Center, Mercy, or Sutter.
(Please also note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this medical malpractice case and its proceedings.)
POINTS AND AUTHORITIES
DR. BLACK’S TESTIMONY AS TO “CREDIBILITY” IS IRRELEVANT AND IMPROPER
There is no foundation for Dr. Black being able to opine that a physician’s credibility drops merely because they see patients for lawyers. In fact, she has testified a 100 times as an expert, presumably for lawyers. This credibility comment was made without any proper basis and is surely not a proper subject for expert testimony (Evidence Code section 801 and 802). As such, it should be excluded. Defense counsel can lay no foundation that Dr. Black knows anything about the credibility of Dr. Wong or is an expert on whether pediatric neurologists have more credibility than general neurologists. Evidence Code section 803 states as follows:
The court may, and upon objection shall, exclude testimony in the form of an opinion that is based in whole or in significant part on matter that is not a proper basis for such an opinion. For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.
Evidence Code section §801(a) states:
“If a witness is testifying as an expert, his testimony in the form of an opinion is limited to such an opinion as is: (a) Related to a subject that is sufficiently beyond common experience that the opinion of an expert would assist the trier of fact; and ….”
Credibility is not something an expert opines on and certainly not with such a shaky, unproven and improper basis. Dr. Black’s personal opinion on credibility is not appropriately before this jury. This is something exclusively in their province. (See Part 3 of 3.)
For more information you are welcome to contact Sacramento personal injury lawyer, Moseley Collins.