XVI Learning the Science

• Library: The Direct Examination of the Plaintiff's Treating Physician (2017 Ed.)

XVI. LEARNING THE SCIENCE

The trial lawyer preparing to conduct a direct examination must know the fundamentals of the anatomy related to his/her client's injury. The task of learning this aspect of the science of the client's injury should be an enjoyable task - an exciting break from the study of rules of evidence, statutes, and case law.

Before preparing the direct examination of the treating physician, you have interviewed your client many times and you have reviewed all pertinent medical records. Those records likely include an array of medical terms that may be quite foreign to you. As you become to understand your client's injury as explained by your client, and as you read the medical records, you should have handy your medical dictionary and anatomical depiction. With these sources at your side, you will construct an in depth grasp of the scientific aspects of the plaintiff's condition of ill-being.

Understanding the medical and anatomical aspects of the plaintiff's injury will allow you to have a meaningful discussion with your treating physician in preparation of his/her trial testimony. But, the goal is not just to be medically sophisticated. The goal is to conceive of a means to fully explain the medical and anatomical aspects of your client's injuries in a simple and common sense so as to help the jury appreciate the nature, extent and duration of the plaintiff's injuries. The jury may hear testimony about your case perhaps over a few days. Even a sophisticated jury will be able to absorb a plethora of medical and anatomical terms and explanations dropped in their lap in such a short period of time. With study, thought and preparation, however, you will be equipped to present to the jury explanations of complex medical concepts translated into simple, everyday terms. And, your most effective tool in this endeavor will be your understanding of medicine and anatomy.

A lesson in human anatomy is certainly beyond the scope of this book. The main message is to spend the time necessary to learn the relevant part of the anatomy. If you have a case involving a cardiac injury, you should learn the anatomy of the human heart and the principal component of the cardiovascular system. You should become familiar with the anatomical model you will use at trial, you should read articles on-line about the heart and speak to anyone in your life (friend, family, co-worker) who may already have experience with medical conditions relating to the heart. Perhaps your cousin is a nurse, or a co-worker had a heart attack. Engaging people about their knowledge and experience will make you a lawyer better prepared to engage your treating physician and your jury.

Again, no anatomy lesson will be offered here. Nevertheless, certain rudimentary facets of medical language must be mastered for any personal injury case.

First, every treating physician in her explanation of the examination of the plaintiff or location of parts of the body will speak...