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p0697 The Kelly-Frye-Daubert test should be applied only in determining the admissibility of an expert's conclusion based on a scientific test, not in making a substantive determination of whether a practicing doctor met appropriate medical standards; if special knowledge, skill, experience, training, or education qualifies a witness to offer an expert opinion, the testimony should not be excluded because of the way the witness formed a conclusion, which is a proper matter for cross examination.CitationSINAIKO v SUPERIOR COURT (Excluded Experts) 122 CA4 1133 [See: EvC 720; People v Kelly 17 C3 24; Frye v US 293 F 1013; Daubert v Merrell Dow 509 US 579; Brown v Colm 11 C3 639]
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