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P1368 REVIEW DENIED In an action for medical malpractice, a declaration by defendant's expert that he examined medical and hospital records and was of the opinion that defendant had conformed to the requisite standard of care should not have been admitted since the records on which the declaration was based were not in evidence and the opinion therefore lacked evidentiary support.CitationGARIBAY v HEMMAT (Malpractice Expert) 161 CA4 735 [See: EvC 801, 1271; Bushling v Fremont 117 CA4 493, P/AT 5/04; Kelley v Trunk 66 CA4 519, T/AT 10/98]
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