California Appellate Tracker

Borrayo v. Avery

August 18, 2016

In a medical malpractice action, a foreign doctor may testify as an expert on the standard of care since that standard is no longer governed by practice in the locality where the defendant doctor practiced.

A doctor licensed to practice medicine in Mexico who had plenty of experience with the type of surgery at issue in this case was qualified as an expert to testify to the applicable standard of care. While long ago, the standard of care in medical malpractice cases was limited to the locality in which the physician practiced, that is no longer the case since medical knowledge now is freely available to all doctors no matter where they practice. Accord: Avivi v. Centro Medico Urgente Medical Center (2008) 159 Cal.App.4th 463.

California Court of Appeal, First District, Division 1 (Dondero, J.); August 10, 2016; 2016 WL 4208070

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Borrayo v. Avery

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