Legal Question in Medical Malpractice in California

expert witness in small claims court
According to Small Claims Law

Is it true that one is REQUIRED
to bring an expert witness into court.?
(I was told by the court I was not)

My case was very simple and straightforward. The hospital was not disputing the facts.

My judge dismissed my case on the grounds that I did not have an expert witness ( nurse or doctor) in the courtroom.

I had written testamony by my Dr. and from the hospital itself.

Was he wrong? Is it a REQUIREMENT? Thank You

Asked on 2/18/07, 1:54 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

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Re: expert witness in small claims court

You cannot appeal a small claims dismissal. You can move for reconsideration, however. You would have to show new and different facts, change in law, and reasons why you could not have brought those facts to the court originally.

Not knowing what you complained about, but assuming that there was a claim of medical malpractice, you would have to have an expert to show that what the hospital did was below the standard of care in the community and that what it did caused your injury. Also, often experts are required to testify that, in their opinion, the medical expenses claimed were unreasonable.

Answered on 2/19/07, 2:40 pm

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