Avivi

Nurit Avivi appeals the trial court’s grant of summary judgment in her malpractice claim against respondents Centro Medico Urgente Medical Center and Edward Rubin, M.D. She argues that her expert witness was qualified to provide an opinion about the standard of care to which respondents were held and that the expert’s declaration, if admitted, would have established a triable issue of fact. The trial court excluded the declaration because the expert did not say he was familiar with the standard of care in Southern California. We conclude that the appropriate test for expert qualification in ordinary medical malpractice actions is whether the expert is familiar with circumstances similar to those of the respondents; familiarity with the standard of care in the particular community where the alleged malpractice occurred, while relevant, is generally not requisite, and is not in this case. Because appellant’s expert disclosed sufficient familiarity with similar circumstances to entitle a jury to hear his opinion, we reverse and remand with directions that the trial court deny summary judgment.

FACTUAL AND PROCEDURAL HISTORY

On September 5, 2004, while visiting the United…