Do all medical malpractice cases require expert testimony?
Under current California law, the testimony of a medical expert is almost always required to prove the existence of negligence in a birth injury case. The plaintiff has the burden of proof in all such cases. This means, the injured person and their lawyers must prove, by a 51% or greater likelihood, the fault or culpability of the defendants. To do this, an expert is almost always required. If a plaintiff claiming a birth injury does not have appropriate medical experts, the patient will almost certain lose his/her claim.
