Figure 2 : Medical graphics can portray a broad range of complex issues .
Case Example
Figure 1 : Medical illustrations can focus the juror ’ s attention on the critical matters of a PI file .
The Use Of Medical Illustrations And Animations
One of the key mistakes of young attorneys at trial is to quickly gloss over undisputed facts and go to trial preoccupied with winning the contested issues . The thought often is , “ why waste time proving something that is not in dispute ?” As an advocate , it is human nature to center one ’ s efforts on the contested issues to prove “ I ’ m right ” and “ that other guy is wrong .” But the ultimate goal is to win one thing : the trial itself . The trial attorney must leverage the undisputed facts because he will win that particular battle every single time and gain credibility for the necessary efforts to prevail on the contested issues .
The use of medical illustrations and animations at trial are critical to maximizing the leverage of the undisputed facts and properly educating the jurors so that they focus on the correct side of the disputed facts . Jurors want to feel comfortable with complex medical issues . Using medical illustrations and animations empowers the jurors to understand the medical issue and , more importantly , to appreciate the magnitude and reason for the loss the plaintiff has experienced as a result of the defendant ’ s negligence . However , poorly conceived and executed medical illustrations can backfire on the trial attorney and put the trial team ’ s credibility at risk . The conceptualization and creation of medical illustrations and animations should be done at an early stage of the litigation . Design input and approval from the treating physician or medical expert are essential .
Mr . Michael Ngo was the restrained driver of a large SUV that hit a semi . He sustained significant right lower limb injuries including to his thigh and ankle . Radiology reports indicated that his right femur demonstrated a “… comminuted … fracture of the proximal to mid-portion of the right femoral diaphysis ” with “ at least one shaft width medial displacement and at least 4cm of proximal migration of the major distal fragment .” A large posterior butterfly fragment and associated soft tissue swelling were also noted . His ankle was also found to be fractured .
Surgery that the orthopedic surgeon undertook to repair the femoral ( thigh ) and ankle fractures involved extensive multistep procedures — as described in the three-page operative note .
To repair the thigh bone , the surgeon applied traction to the leg to make the ends of the fractured bone align . A guidewire was inserted through the center of the femur and the drilling of a central core through the marrow ( referred to as “ reaming of the intramedullary canal ”) was performed . An “ intramedullary IM rod ” was placed over the guidewire and hammered through this hollowed-out central core to bridge across the fracture site to facilitate healing . Screws were then inserted through the femur to secure the rod in place , preventing it from twisting or moving . Swelling over the mid-thigh was incised with a scalpel , draining 100 mL ( almost half a cup ) of blood from the fracture location . A drain was placed into the wound and the incisions were then closed with staples .
The Trial Lawyer x 23