Before the COVID-19 pandemic, there were 11.9 million major ambulatory surgeries in United States hospitals. With so many surgeries, there are countless civil cases revolving around personal injury, medical malpractice and other accident related lawsuits.
In fact, in the summer of 2019, surgeons were the most likely medical professionals to enter a civil lawsuit. To have the best chances of attaining a favorable verdict for these types of cases, it’s imperative for attorneys to use every advantage in the book.
Visual aids including medical animations are an effective visual tactic that can be used for many forms of medical civil cases. Oftentimes the disputes between patients, surgeons, and other experts require educating and persuading jurors on the nuances of medical terminology, operative reports, and intricate radiology.
When myriad, these nuances can become complicated to explain to a jury in a persuasive and succinct fashion. Providing jurors a toll to solidify their understanding can give you a serious advantage if you are doing it and your opponent is not.
For the jury, having a visual aid is paramount to enable understanding and memory — but how does one medical animation do that? To answer that question, we explore the four elements that make a surgery animation unforgettable below.
Colorful Imagery Improves Memory
Humans are, for a lack of a better term, programmed to respond to color and movement. We remember important scenes from our favorite movies, or the color of our favorite food. Ask someone what their favorite speech is, and you might get a few blank stares.
Colors have been found to produce a higher level of attention and effectively increase memory performance. In the courtroom, this is a crucial fact that you can use to amplify your storytelling to the jury.
A Surgery Animation Can Be Repeated, Slowed, and Paused
If you have a complex case, you can show the jury an animation during your opening and closing statements. You can pause or repeat it while you, or your expert during their testimony, walk the jury through the procedure.
This enables the jury to watch it multiple times and at different speeds, which helps each juror learn at their own pace. An expert who only orally explains the impact a procedure has on your client, or how your client performed it correctly, can be misconstrued or forgotten.
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If the goal is to achieve a more favorable verdict, then a medical animation video is one of the best tools. It helps keep them on the edge of their seats during trial, and leaves a memorable impression.
If admitted as a trial exhibit and validated by an expert witness, a medical graphic can also be reviewed by the jury during deliberations. Whenever the jury views your surgery animation, one of the goals is to solicit an emotional response.
An Image Invokes More Empathy
Rather than telling the jury to imagine themselves in their client’s shoes during a surgery, or in the shoes of the operator, a 3D medical animation can do it for them. By demonstrating the first-person view of a surgery, it gives them the ability to empathize with what they are seeing, rather than being told to do so.
Sample Medical Graphic from Courtroom Animation
That emotional attachment improves their memory of the case and what was depicted in the visual. Everyone loves a good story, and the best stories make us feel something. Thus, we are less likely to forget it.
Some attorneys might be cautious about using an animation because it might not be admissible. If your visual is not overly gruesome and only depicts the opinion of your expert witness(es), then it has almost a 99% chance of admissibility.
In fact, in the 2019 case of Pierce v. State, the Florida Court of Appeals ruled that the forensic animation in question was admissible. This was because it was, “…helpful to the jury in understanding the issues in the case.”
What Do You Want the Jury to Remember?
A surgery animation is only as good as what it is demonstrating. That’s why it’s vital for attorneys to focus on the key points from their case.
For example, a forensic animation can highlight these perspectives for the jury:
- The tools a medical professional used
- The injury that needed medical care
- The perspective of the surgeon during a procedure
Sample Spine Surgery Animation Still from Courtroom Animation
Bring an Unforgettable Case to Trial
To ensure the jury will never forget your case, make sure to include colorful visuals during your opening or closing statements. Coordinate with your expert witness to practice how they take the time to pause or repeat the animation when necessary.
Empathy is a powerful tool for an attorney — it’s used effectively in trial, but also in mediation. These elements come together (such as in one surgery animation) to bring your client a more favorable verdict.
With the help of an experienced forensic animation studio, build a visual strategy to help the jury remember your facts and empathize with your client.
Make sure your jury never forgets your client’s story! Learn how your civil case can be strengthened by a surgery animation with a no-obligation quote today. Our experienced forensic animation studio has a 99% admittance rate with over 1,800 cases.