by admin on September 2, 2010
by Stephen Appelbaum
The genesis for the use of demonstrative evidence during a mediation, deposition, or trial actually goes back to biblical times. Remember that Moses did not come off the mountain and tell the Children of Israel the words spoken to him by God . . . he brought charts. Six-hundred and thirteen commandments in the Bible, digested down to two boards, with five key items on each chart, numerically indexed. This may have been the first use of Federal Rule 1006, which allows for the use of summary charts of otherwise voluminous material.
As the courts are becoming more liberal with the use of visuals during opening statements, the trial attorney has an increasing obligation to use that portion of the trial to organize the case for the jury. The process of jurors’ hearing testimony is similar to that of being given pieces of a jigsaw puzzle, one at a time, with the objective to assemble the final picture. Imagine how difficult this could be if one is not first shown the picture on the cover of the box. Using visuals during the opening statement is like showing the jury the cover of the box. Now they know what they are supposed to do with the pieces (testimony), and like the pieces of a puzzle, there is only one way they will fit together to make the picture that the attorney has proposed. During the opening statement each attorney has a chance to show the picture on the cover of her or his box as it illustrates the theme and focus of the case.
The laws of primacy (what the jury heard at the beginning of the case) and recency (what the jury heard last) dictate the innovative use of visuals during opening statements and closing arguments and should be considered when planning for these points in the trial presentation. Visual evidence should be incorporated into the presentation of every key point in both the plaintiff’s and the defendant’s case. It helps to focus jurors on the strength and logic of the attorney’s case and the weaknesses of the adversary’s.
Demonstrative evidence plays an increasingly larger role in trials for several reasons. Jurors now expect to have engaging presentations of the facts. They have come to believe that big cases, both civil and criminal, will have substantial visual components incorporated into them. The pioneering efforts of Attorney Melvin Belli in the last half of the twentieth century toward the effective use of visual aids set the stage for the attorney to think in terms of courtroom persuasion.
Law, by tradition, has been a profession of words and oratory in the courtroom, but we are living in a visual society. The baby boomers and Generation X’ers have been brought up in front of television sets. They are more accustomed to seeing and hearing news than reading it from a printed page. The success of the newspaper USA Today is an example of color visual support (in the form of maps, charts, and graphics) to supplement the printed story. Even the television medium has maximized the use of visual support for the spoken word, by going to the video of the actual event as opposed to the reporter’s summary and retelling of the events. When introducing a story for a news segment, there will usually be a graphic icon or symbol of some kind on the screen next to the reporter to visually anchor the general theme of the story. Anchoring is an important technique to be considered throughout the trial and should be considered for each key witness or expert. Careful use of demonstrative evidence provides opportunities to anchor concepts and drive home points to the jury.
This article was extracted from Appelbaum, S., Iyer, P. and Parisi, J., Demonstrative Evidence in Iyer, P., Levin, B., Ashton, K. and Powell, V., (Editors) Nursing Malpractice, Fourth Edition, in press, Lawyers and Judges Publishing Company, 2011. Join Steve Appelbaum and Pat Iyer during a webinar that defines an integrated approach to the preparation of demonstrative evidence that merges the medium with the message in the most effective and cost efficient manner possible. Get details at http://www.webmarketingmagic.com/app/?af=1059614
Learn more about Stephen Appelbaum at www.evidencestore.com
by admin on August 24, 2010
Is that time again. School time that is. With the school year just beginning, sports related injuries are on the rise. Each year there are more than 25,000 cheerleading injuries, often sprains and bruises. But in 2007, one girl was not so lucky.
Elizabeth Nicks, now 15, was a cheerleader performing a human pyramid when she toppled to the ground. She was rushed to the hospital and found to have a subdural hematoma, observed for five days, and released.
A subdural hematoma is a collection of blood on the surface of the brain. Subdural hematomas are among the deadliest of all head injuries, as the bleeding fills the brain area very rapidly, compressing brain tissue. This often results in brain injury.
Those suffering from brain injury require extensive medical treatment which is ongoing. Just as an example, a local head injury facility charges $1,100 per day for treatment consisting of occupational therapy, recreational therapy, psychotherapy, recreational therapy, and speech therapy services in conjunction with room and board.
A Nurse Life Care Planner can assist the family and legal counsel to determine what the lifelong medical care will consist of and it’s related costs. This plan can then be used for budgeting purposes throughout the life of the individual.
Although a subdural hematoma can easily be diagnosed with an MRI or CT scan, the hospital chose not to do a follow-up CT scan before discharging Ms. Nicks. Otherwise, they would have seen that the hematoma was increasing in size. This near-fatal mistake cost them; to the tune of $5.5 million.
You can read more about the case at Contra Costa Times.
by admin on August 16, 2010
The 17 year old, Case Management Society of America (CMSA), has announced the celebration of National Case Management Week. This special week-long event seeks to unify case management professionals, educate the public about case management, and increase awareness and recognition of the significant contributions case managers make the quality healthcare for patients, healthcare providers, and payers. This week is celebrated nationally during the second full week of October each year.
CMSA is an international organization of case managers and healthcare professionals, committed to promoting the growth and value of case management, and to support the evolving needs of the case management professional. Founded in 1990, CMSA now has over 11,000 members and over 70 affiliated and pending chapters. I am one such member and proud to be a part of the Little Rock Chapter.
For those who are unfamiliar, Case Management is a collaborative process of assessment, planning, facilitation and advocacy for options and services to meet an individuals heath needs through communication and available resources to promote quality cost-effective outcomes. My case management practice is primarily associated with workers compensation clients. Injured workers need prompt assistance in finding the appropriate healthcare provider who will diagnose them quickly and provide the treatment plan to help get them back on their feet and productive again. My job is to first assess the situation which includes not only the injury itself, but also the claimant’s situation at home, emotionally, mentally, physically, socially, etc. The next step involves locating the provider, arranging the appointments; all while educating those involved. The plan is ever changing as the situation changes. I am advocating for my patients to help them get their needs met all the while working to save the insurance carrier money by preventing unnecessary testing, negotiating reduced rates for services, limiting loss time wages, and eliminating waste.
Establishing a nationally recognized Case Management Week is vitally important as the field of case management becomes an increasingly recognized as a strategy of great significance across the continuum of care. Not only does case management support patients and their families in navigating the healthcare system, it decreases the fragmentation of services, encourages health team communication, and contributes significantly to patient safety, quality of life, and cost-effective management of limited resources. It should be recognized by the healthcare industry as a crucial element of giving.
If you wish to learn more about Case Management or CMSA, contact Cheri Lattimer, Executive Director or visit www.cmsa.org. The association headquarters are located right here in Arkansas at 6301 Ranch Drive, Little Rock, AR 72223. 501-225-2229
by admin on August 15, 2010
I am so proud to be a nurse case manager. I have worked in this industry since 1999 and became certified in 2003. October 10-16, 2010 marks National Case Management Week, recognizing the contributions and commitments case managers make and educating the public about the significant work we perform. When employed by an agency or hospital, activities typically include banquets and recognition dinners, state and city proclamations, continuing education seminars, and other community events. Case Managers are typically honored with gifts, dinners, and flowers coworkers such as doctors and administrators, and patients who want to show their appreciation.
As an independent case manager, I do not get to participate in such activities, but I can still celebrate. Here are a few ways each of us can participate in National Case Management Week.
- Tell 10 other professionals you are a case manager
- Offer to speak at community events on case management
- Wear your CMSA Member Pin
- Promote case management by sponsoring or volunteering at a health fair, preventive screening or organizing services in your community
- Host a reception in your community
- Host a professional seminar for health professionals in your community
- Highlight a different case management practice setting each day of the special week in your newsletter or blog
- Encourage your mayor, county executive or governor to issue a local proclamation establishing October 10-1th as National Case Management Week
- Invite a politician to accompany a case manager at their place of business for a day
- Decorate with banners, posters, or flyers
- Publish newsletters focusing on CM week
- Speak to nursing organizations about case management careers
- Create a publication of case management stories
- Write a letter to your local paper
- Contact radio and TV stations to let them know about CM week
- Write a guest editorial to newspapers, journals or magazines regarding the positive impact of case management
- Distribute a press release announcing CM week
I am committing to several of these activities this year. (I just completed one by posting this!) I am glad I have an opportunity to impact my patient’s lives everyday. The very things that seem so simple to me, make a big difference in the lives of others. I just hope I can continue this for many years to come.
