Q: Can an expert witness be sued for malpractice in California?
Negligent and Intentional Misrepresentation
A: Yes, an expert witness can be sued for malpractice in California if they provide negligent or intentionally misleading testimony that harms a party in a legal proceeding. To succeed, the harmed party must prove that the expert had a duty to provide accurate information, breached that duty, and that this breach caused damages. Consulting with an attorney specializing in legal malpractice is essential to evaluate the specifics of the case and determine the best course of action.
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A:
In California, expert witnesses are generally protected from being sued for malpractice based on their testimony. This protection comes from what's known as witness immunity, which applies to both negligent and intentional misrepresentations made during a legal proceeding. The reasoning behind this is to encourage experts to provide honest opinions without the fear of legal retaliation.
However, this immunity doesn’t mean that an expert witness can act recklessly or with intentional harm. If an expert were to commit fraud or provide testimony outside of their role as a witness, they could still face consequences in other ways, such as through professional discipline.
If you're concerned about an expert witness’s actions in your case, it's important to address those concerns with your attorney, who can help determine if any ethical or legal boundaries have been crossed.
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