The Trial Lawyer Spring 2024 | Page 27

Visual Communication Of The PI Case
Several ideas should be considered when visually communicating the medical content of this kind of PI file . Overloading cognitive perceptions and processing can negatively affect recall of critical information when a jury is learning about a case and later deliberating on it . Packaging complex concepts into digestible chunks of information improves understanding and aids recall . Repetition and capitalizing on different learning styles can enhance retention . Simplifying information and other visual approaches can optimize working memory and perceptions .
Make it vivid , make it believable . The essence of demonstrating this case was to show the details of both surgeries in a clear and realistic manner . A vivid portrayal of the key steps employed in the operative procedures were necessary to provide a true understanding of what was involved . The surgeries on both the femur and ankle bones were extensive , entailing incisions , alignment of fractured bone ends , removal of loose bone fragments and insertion of hardware .
Compare and contrast visual elements . This case included x-rays documenting the trauma findings as well as the postoperative appearance of the femur and ankle . However , lay people are typically unable to understand radiological images due to their technical nature and inherent medical content . X-rays and other types of images ( e . g . MRIs , CT scans ), require specialized knowledge to interpret . Segments in the animations created for this case translate the x-rays into visual representations that make them understandable by lay people , and support the 3D-modeled anatomical pre-op and post-op portrayals .
Make it memorable . With the exposition of voluminous information entailed in the PI file — much of it complex medical concepts that are difficult to recall , making the key issues stand out is paramount . Visual images are more memorable because they engage multiple senses and cognitive processes . Not only do they simplify complex concepts , they also create mental associations and evoke emotional responses , fostering a deeper understanding and retention of key information .
Accommodate different learning styles . People don ’ t all learn the same way . Different learners may require different forms of demonstrative evidence that optimize connection to their dominant neurological channels and cognitive perceptions . Using a combination of auditory , visual and kinesthetic stimulation ( in the form of medical illustrations , animations , interactive media and 3D models ), reinforces key points and maximizes information retention throughout the duration of a trial .
Build on the obvious . It ’ s important not to assume the jury perceives evidence as self-evident . Demonstratives in a medical case can clarify key issues , provide context , and reinforce arguments to ensure all litigation participants end up on the same page . Addressing issues proactively in visual format ensures case intricacies are presented clearly and compellingly to the jury , while reinforcing messages that may not be obvious to all .
How To Use Medical Animations Effectively At Trial
At trial , the use of these kinds of medical animations must be metered so that the jury is not desensitized to the information conveyed and the magnitude of the client ’ s loss . In this case example , the automobile collision caused the plaintiff to suffer significant injuries that required open reduction internal fixation of the fractures .
Use the full-length animation one time during the evidence . Let the main expert or treating surgeon stop , rewind , and emphasize critical parts of the animation as she explains the cause of the fracture , the need for the surgery , the process of the surgery , and what will be in the plaintiff ’ s thigh and ankle for the rest of the plaintiff ’ s life . The entire animation may be only three minutes long if played from beginning to end . But the animation loses its impact without the surgeon stopping as she sees fit to emphasize or teach a particular point . It is an excellent didactic tool and , at the end of the twenty to thirty minutes of testimony from the surgeon , the complex medical issues will have been boiled down to an illustrated teaching that is no longer in length than the average American sit-com .
On cross-examination of the opposing medical expert , use quick “ reels ” from the animation that the expert has to agree with . The full-length animation should not be used again during the presentation of evidence : that will come later . Use stills or short reels from the animation and have them in the “ holster ” ready to go at the appropriate moment on cross . This is a particularly effective method to stop a narrating expert in his tracks and get back to the items that he has to concede because they are undisputed . Make the opposing expert watch the 20 to 30 second reel , and then ask simple yes / no questions about the manner of the injury , the need for the surgery , the permanence of the hardware placement , etc . This technique serves the dual purpose of corralling the opposing expert while reminding the jury about key portions of the full-length animation they saw during the plaintiff ’ s case-in-chief . Stills from the animation can also be used to remind the jurors about the plaintiff ’ s expert testimony and to stress the magnitude of damages and permanence .
While the full-length animation should be used only once during the presentation of evidence , it can and should be used again during closing argument . This takes practice and repetition . If the animation is two minutes and 30 seconds long , the attorney should craft a portion of his closing to exactly that portion of time so that he delivers a precise argument
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