DEMONSTRATIVE EVIDENCE IN MEDICAL MALPRACTICE CASES, PART 3 OF 3
As I have documented over the past few days, demonstrative evidence is no longer limited to hand-drawn models, graphs, charts, or diagrams. Successful trial lawyers now incorporate digital and computer-generated images into their visual strategy when presenting a case to the jury.
A visual strategy is akin to a game plan. For example, when preparing to play a football game, the team’s coach will use the chalkboard/dry-erase board to draw out the plays that he would like the team to make during the game. The trial attorney must develop a similar visual game plan, deciding whether the use of demonstrative evidence is warranted for proof, reinforcement, explanation, or illustration of any points or issues. Likewise, the trial attorney must designate which demonstrative evidence will compliment the testimony of certain witnesses.
A wise trial attorney will take advantage of the wide latitude courts grant them in educating and persuading the jury with the aid of experts and demonstrative evidence. Allow the jurors to think their job is easy because your expert simplified the case with use of demonstrative evidence. Imagination and creativity should not be stifled in preparing for trial. Below are some examples of evidence that could and should be utilized as exhibits during a personal injury trial:
• Blow ups of x-rays
• Life size skeleton or model involving the anatomy
• Charts or graphs
• Computer simulations
• Hardware from surgery
• Tens Unit
• Braces, cane, crutches
• Casts
• Bottles from prescriptions for pain
• Photographs
• Videotapes
• Video recreations of incidents
• Illustrations
• Aerial Photographs
