Torts/Personal Injury
Dec. 10, 2025
Evidence Code § 801.1: Leveling the playing field in personal injury cases
California's Evidence Code Section 801.1 requires all medical causation opinions -- whether from plaintiffs or defendants -- to meet the same "reasonable medical probability" standard, ensuring alternative theories are reliable and admissible.
Robert S. Glassman
Partner
Panish | Shea | Ravipudi LLP
Phone: (310) 477-1700
Email: rglassman@panish.law
Medical experts on both sides in a personal injury case are held to the same standard for admissibility of their medical causation opinions.
However, that was not always the reality.
Traditionally, courts had required plaintiffs' experts to render their medical causation opinions to a "reasonable medical probability," while allowing defendants' experts to advance alternative medical causation theories without being held to the same...
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