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The interests of the public and the exercise physiology profession are best served when sound and unbiased expert witness testimony is available, particularly in negligence suits. Exercise physiologists have ethical and professional obligations to assist in the administration of justice, thereby increasing the probability of achieving equitable outcomes.

The following “criteria” are important in the identification and suitability of the right expert witness. Collectively, they represent an appropriate educational background and responsible experiences that exercise physiologistss should acknowledge to safeguard objectivity in preparing and presenting expert witness testimony.

Since that the purpose of the expert witness testimony is to describe standards of care relevant to a given case, particularly the analysis of whether the evidence indicates a deviation from the standards of care woven into the practice of exercise physiology. Exercise physiologists also provide an opinion (within a reasonable degree of scientific and professional certanity) as to whether a breach in care is the most likely cause of the client’s condition.

Scholar: The expert witness should be a scholar in his/her particular area of teaching and scientific work, having published articles and/or books in that field. Hence, it is important to determine that the expert witness is a college graduate and, if so, what is the actual terminal degree (PhD, EdD, DA, and so on), from which college or university, and in what year?

Professional Credentials: Is the expert witness a “Board Certified” exercise physiologist, having earn the “Exercise Physiologist Certified” (or EPC) from the American Society of Exercise Physiologists? When did he/she earned the EPC, and how long has the expert witness been a member of the ASEP organization?

Active Investigator/Educator: Is the expert witness presently engaged in teaching and research and, if so, how long and to what degree? Is the he/she an active investigator and/or educator and, if so, how has work been carried in the particular area of expertise? What are the courses taught by the expert witness, how often, and is there a related laboratory experience with the courses? In what journals has the expert witness published research articles in a focus area or in a more diverse area or coverage of exercise physiology topics?

Communication Skills: Is the expert witness able to communicate effectively to the jury, using professional and/or scientific language that is understandable and carefully articulated? In short, is the expert witness a “credible” professional? Does he/she look the part, act the part, and is confident in his/her duties and judgment regarding the document, data, and interpretation of findings?

Professionalism: Is the expert witness a member of the professional society of exercise physiologists (ASEP) and, if so, has received awards for excellence, service, and/or achievement in the profession of exercise physiology?

Ethically Responsible: Is the expert witness experienced in the legal and ethical dimensions of the practice of exercise physiology? Has he/she published legal and/or ethical articles and, if so, in which journals and for how long in duration? Is the expert witness aware of the impact, importance, and burden on others in regards to the testimony? Also, is the expert witness “reasonable” in charges per hour, and in all other related fees, services, and testimony?