Monday, February 13, 2012

Lawyer Trial Tips on Medical Exhibits



For over 20 years I have had the pleasure of working with trial attorneys from all across the United States. My position with Medical Legal Art has provided me with an opportunity to build a number of great relationships within this community, and the purpose of this blog is to "give back" to these clients by offering informative looks at topics geared specifically to their concerns. One of these great clients is Anthony Castelli Cincinnati personal injury lawyer. He has been successful in using our medical demonstrative evidence in many many cases, and today he has volunteered to be the very first Guest Host that I have featured on my blog. He will offer his tips on trial tactics for medical exhibit use. I know that you will find his insights informative. As you read, keep in mind that I would love to consider your articles as well if you have written topics that you believe would be beneficial to other trial attorneys. Enjoy!


In a personal injury trial as a personal injury lawyer my goal is to use everything I can to focus the jury on the serious nature of the personal injury my client suffered often in a car accident injury case, but it can be any type of injury such as a construction accident or a fall in a store. The injuries can range from low back herniated disc injury, a traumatic brain injury, a rotator cuff shoulder injury. In fact it is almost limitless as to the way the injury occurred and the type of injury that can be shown.

It is also critical to connect the injury causing event to the injury my client has. This is called proximate cause. One of the best ways I know to focus the jury on the injury and help them understand the injury is the use of a properly prepared medical exhibit. I have worked with Ben Broome and Medical Legal Art to prepare dynamic medical exhibits for me that have been used in real jury trials.

Critical Aspects of a Medical Exhibit of an Injury

There are several critical things that a medical exhibit must have for it to be of good use in a personal injury jury trial.

1 It must be large enough for the jury to see, at least 24 by 36 inches or bigger.

2. The medical exhibit must accurately depict the injury.

3. The exhibit must look professionally prepared with graphic presentation and colors that catch the eye.

4. The medical exhibit must be easy for the jury to see and read.

It's important in a personal injury case to explain the impact of the injury on the person's life. All of this is aided by a great looking exhibit. The medical exhibit can show the pre injury anatomy and then the post injury state as well as any surgical procedure necessitated by the injury.

Use of Medical Exhibits at Trial

The Cincinnati personal injury lawyer can then use this exhibit with their doctor at trial. It is good to send the doctor the exhibit prior to trial or even during its preparation so the doctor agrees that it accurately depicts the injury and is helpful to the jury in understanding the injury. These are the foundation questions to getting the exhibits use in evidence.

The use of the exhibit with your doctor will slow down the doctor when he describes the injury and treatment so the jury can follow and better understand his testimony. Keep the exhibit even after its done with the doctor in full view of the jury. Also use the exhibit in your opening and closing statement. That way you will focus the jury on your client's injury and hopefully this will help translate into getting maximum compensation for your personal injury client.
Above is a video I prepared on the trial of a personal injury case and how to put the focus on injury. The exhibits depicting the personal injury and surgery were prepared specifically for my case by Ben Broome and Medical Legal Art.

Anthony Castelli Attorney 8170 Corporate Park Drive, Suite 220, Cincinnati, Ohio 45242 513-621-2345 is a Cincinnati personal injury lawyer.