A: Does your expert need to be qualified by the court in order to testify as an expert?
In the "Old days," medical witnesses would need to be qualified by the court in order to testify. That meant the lawyer would have to establish the doctor’s credentials and certifications in order to be recognized as an expert in court.
This formality is pretty much gone in today’s courtroom, though it still happens once in a while.
Now, you would establish the doctors credentials something like this:
“Doctor Jones, you are a surgeon?”
“You’ve been a practicing surgeon for the past 20 years?”
“You operate every day?”
“You have experience performing this procedure?”
“When did you last perform this surgery?”
“You are board certified in surgery?”
“You’re licensed to practice medicine in the state of NY?”
“Objection! The doctor has not been qualified as an expert by the court,” the defense lawyer says.
“Overruled,” says the judge.
This means the attorney and doctor can continue on.
“The jury will be the one to evaluate the doctor’s credibility and qualifications. The doctor can continue.”