Demonstrative Courtroom Exhibits

Medical cases can be complex and most jurors are not doctors. Thus, in many cases where complex medical issues need to be explained, courtroom exhibits are invaluable aids in educating jurors as to the elements of a client's claim. Video, posters, photographs, recreations, simulations and others are all potentially critical to communicating a client's case to a jury.

Thus, the AMFS network includes medical expert witnesses as well as other experts like illustrators, photographers, videographers, graphic artists and other professionals capable of putting together clear and easily understood depictions of each element of a complex medical case.

Tips for using graphics to enhance your experts’ testimony

• Graphics prepared for medical expert testimony have one common denominator: they should be “authored” by the expert, whether they are actually produced by them or not.

• The medical expert should be involved in both the development and execution of illustrative graphics.

• Once a medical expert assumes psychological ownership of an exhibit, he or she is better able to defend it on cross examination.

• Some medical experts are natural teachers and other are not. If you recognize a natural need for them to use teaching aids and they insist they don’t need them, you may need to exert your influence as the trial lawyer in charge.

• It’s usually a good idea to preface medical expert testimony with a tutorial about the general subject matter before getting in depth into the issue in dispute. Many physicians simply don’t think of doing this on their own.

• Some medical experts are hesitant to accept a third party prepare their exhibits. This is usually because they fear something important will be lost in the translation. Counter this concern with the assurance they will have ample opportunity to review and correct the work before it is published to the court.

• Some medical experts may insist on preparing their own exhibits because it is profitable to them. Counsel should balance this preference with what might be lost if the physician’s exhibits do not meet minimum standards and be prepared to remedy the situation is necessary. Beware of physicians that charge their normal consulting rate to produce poorly conceived, designed, or executed demonstratives. Ask to see samples of what they expect to prepare before approving the expenditure. Similarly, if a physician insists that a favored third party provider prepare his demonstratives, ask to see samples before you agree.