Posts Tagged ‘demonstrative evidence’

Demonstrative Medical Illustrations

Posted on: June 4th, 2014 by southfloridamediator
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As an aid to mediation and as a support to testimony at trial, medical illustrations are a valuable tool.

Underlying medical testimony may be supported by demonstrative medical illustrations if they are relevant and helpful to the trier of fact.  A description and illustration of a surgical procedure, for example, is fundamentally relevant to:

  1. understanding the nature and extent of injuries;
  2. appreciating the sequential and life-altering phases of plaintiff’s treatment regimen;
  3. understanding the profound anatomical and mechanical changes brought about by the surgery; and
  4. justifying the reasonableness and necessity of corresponding medical bills.

Relevance must be shown and received by the court (and the mediator) as a basis for acceptance of the medical illustration.

More on this topic in my next blog post…

Demonstrative Evidence and Visual Aids

Posted on: March 21st, 2014 by southfloridamediator
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There are times during a mediation when one or both of the parties decides to reveal demonstrative evidence of the accident/injury, for example.  Here is some advice regarding the use of such evidence…

A picture is worth 1000 words.  Nothing is truer than that adage. It is far more effective to show a picture, diagram, chart, anatomical model, or the like, than to talk about it.

Be sure, however, that the demonstrative aid is a fair and accurate representation, and it will assist the jury in understanding the issues in the case.  The person offering the evidence must be asked those two questions in laying the foundation for the offer of the evidence.

Avoid gratuitous gore; prepare the witness for the foundation questions.

To discuss these points further, call Stan Weissman at 561 994 4540