Section 8.13 Medical Malpractice Cases

• Library: Sources of Proof (2014 Ed.)

4. (§8.13) Medical Malpractice Cases

Most medical negligence cases involve anatomical evidence that jurors need to understand. At a minimum, anatomical charts or diagrams are helpful. These may be obtained from a variety of sources. See §8.19, infra. One of the best sources may be photographic enlargements from medical texts. Depending on the particular issue, it may be justifiable to secure the services of a “medical illustrator” to prepare one or more drawings of anatomical conditions based on data contained in the medical records. Also helpful are anatomical models, which are available for virtually every part of the anatomy and involve many anatomical conditions, including, for example, various stages of the delivery of a baby.

It is also possible to use video animations that reflect progressive conditions such as breech presentations in child delivery or advancing growth of tumors. In Trageser v. St. Joseph Health Center, 887 S.W.2d 635, 636–37 (Mo. App. W.D. 1994), the court denied...