The term “Evidence” refers to proof that is legally admissible at trial and is intended to convince the judge and/or jury of alleged facts material to the case. There are two types of evidence typically used in a medical malpractice trial: Testimony by witnesses and experts and demonstrative evidence. Demonstrative evidence, if used correctly, can be especially effective as it provides the jury with a non-biased visual aid. Due to their decades of combined experience, the medical malpractice attorneys at Queller, Fisher, Washor, Fuchs & Kool are especially effective at employing demonstrative evidence to prove a medical provider’s negligence.
At a trial, our attorneys convey our client’s experience to a jury in the most compelling and convincing manner. Not only must we humanize our client’s story, we must be able to explain very complicated and technical medical terminology and procedures. We must, through the use of evidence, show the jury why our version of the issues in the case is more credible and reasonable than that of the version offered by the defendant(s). During a medical malpractice trial, witness testimony can be dull and boring. Due to the sophisticated subject matter of medical malpractice trials, jurors often struggle to remain engaged or misinterpret the meaning of certain expert witness’ testimony. As a result, finding a means to simplify and effectively communicate the various issues being presented is essential to securing a successful verdict. Demonstrative evidence, at its core, is a simplification and clarification of the issues and facts. Generally, jurors also find demonstrative evidence more interesting and engaging; it’s also been known to improve recollection and retention of other evidence. Consequently, our attorneys use demonstrative evidence to help prove their case whenever they go to trial.
Some examples of demonstrative evidence that we often use in our medical malpractice cases include:
Photographs: Using photographs effectively at trial can leave a powerful imprint on a juror’s mind. A photograph can show the extent of the plaintiff’s injuries and the impact that the injuries have on their life.
X-Rays/CT Scans/MRIs: These diagnostic scans serve several purposes at trial. As with photographs, a scan can show the extent of a patient’s injury. They can also be used to pinpoint a doctor’s negligence. For instance, if a physician misreads a mammogram and subsequently fails to detect a lesion suggestive of breast cancer, we will enlarge the film to show the jury exactly what the doctor failed to observe. We also will utilize 3 dimensional recreations of scans which make it easy for the jury to understand the anatomy involved.
Models and Anatomical Exhibits: Models and anatomical exhibits are often an essential part of a successful medical malpractice lawsuit. Models help a jury to understand the anatomical relationship of various bodily structures which further help jurors to follow the expert witnesses’ opinions. In nearly every medical malpractice case, we utilize medical artists to fully and clearly recreate, in colored imagery, the medical issues involved in the case. These exhibits have a great impact on the insurance companies during settlement negotiations, and should a settlement not be reached, will serve further educate the jurors at trial.
Computer Animations: A computer animation, similar to a model or anatomical exhibit, will aid the jury in understanding exactly what a certain medical procedure entails. Animations can be an effective form of evidence as they are engaging and also leave little doubt as to how the plaintiff suffered their injury.
Advanced demonstrative evidence can be costly. An artist’s rendition of an anatomical structure can cost up to $2,500. We often utilize several drawings to support our case. Computer animations can cost in excess of $20,000. As such, it is imperative that when a perspective plaintiff chooses his or her attorney that they inquire as to whether that law firm has the financial resources to best prove their case. The insurance companies we battle generally have unlimited resources and do not shy away from spending the money they feel necessary to defeat our claims. As such, injured patients should do their due diligence when deciding on which law firm to retain.
At Queller, Fisher, Washor, Fuchs & Kool, our attorneys have been representing victims of medical malpractice for over 50 years. During that time we have established a reputation of prominence, having obtained numerous successful results. We understand what is necessary to win a medical malpractice case and spare no expense in doing so. Our clients can rest easy knowing that they have the representation of a law firm that combines cutting edge technology, vast resources and an experienced group of attorneys and support staff to litigate their case.