Lawyers Journal

Demonstrative evidence seen as jury's advocate

A recent jurors box survey dealt primarily on demonstrative evidence and how it impacts a jury both positively and negative. The following jurors comments are answered by ConfirmX-ray, which provides true radiographic information in a visible, coherent and affordable manner.

Expert witnesses are put on the stand to confirm or put belief into what has been previously stated by a witness or a visual. This expert witness can clarify evidence for the jury to better understand. If visuals, such as X-rays, are enlarged using the most state-of-the-art technology, this can greatly contribute to the accuracy and authenticity of an expert witness. The jury can follow along and actual see the injuries sustained. ConfirmX-ray creates a CD, in presentation form, demonstrating any or all radiological exams. A medical diagnosis along side an enhanced image focusing on an injury can be extremely effective and allows an expert witness to elaborate specifically on that injury."The CT Scans and Mylograms were too small to see." CT Scans and Mylograms as well as General X-rays and MRI's are very difficult for the untrained person to see, let alone understand. When clearly magnified and enhanced, never changing or altering the original image, a clear and understandable exam appears before a jury. A comprehensible visual can be extremely effective. Many varieties of exams and features can be pre-arranged on one CD, in order to allow a jury to see clear evidence pertaining to the specific injury. In fact, this visual is very effective in arbitration or mediation hearings. "It was very emotional and difficult to see the pain of the plaintiff." Determining the severity of an injury or calculating the degree of one's pain can be a difficult process. Someone else's pain or degree of pain may be hard to prove or disprove. Through new state-of-the-art digital technology, X-rays of the injured victim can be enhanced and magnified. A Radiological visual of an injury can be displayed so clearly that, effectively, one can virtually feel the pain. The jury is looking at the actual X-ray, not an animated version of this injury."There were quite a few photographic blow-ups of documents and microscope slides. These were generally helpful." Blowups or magnifying documents generally means basic enlargements of important evidence that, in its original state, were too small to see and understand. The enlargement process of simply blowing it up can result in the degradation of the original image thereby distorting the image. To have an effective visual tool using radiographic evidence, it is essential to utilize the correct digital technology created for enhancing and magnifying these images. When magnified properly, radiographic evidence can become so specific that a fracture, thought to be insignificant, can be clearly visualized.
An X-ray has more than 1,000 shades of gray. The human eye is only capable of seeing approximately 300 shades of gray. This technology allows those other shades to become visual to the human eye thereby increasing the clarity and effectiveness of the original image.
There is no changing or manipulating of the original image. The technology simply allows for the image, along with the center of focus, to be enhanced properly. There is much more depth and detail. There is no distortion or degradation. Clear and concise images can be burned onto a CD allowing for several views of one image to be displayed to a jury. This is the most effective tool for exhibiting this type of demonstrative evidence."An enlarged copy of a medical chart was good once or twice but after twenty times it was boring. An exhibit of an actual fiberglass splint was interesting." Evidence that needs to be displayed several times in order to get the point across has not effectively done its job. It is necessary that the information being magnified is interesting and real to a jury. New and effective means of demonstrating radiographic evidence allows the jury to see for themselves the extent to which the injury has impaired the client. They can draw their own conclusions based on the demonstrative evidence in front of them. Enhancing and magnifying specific areas of concern, allows fragments of bone or tissue damage to be clearly visualized. Several views of one image or perhaps the original X-ray and then the enhanced and magnified version can be helpful. Post-surgical exams together with the preliminary series of exams can also be an effective tool carrying more weight than simply displaying the after or the before. Too many blown up images, without specific meaning, will only confuse a jury. Medical illustrators can create animated illustrations of the injury, however, this is not real and is simply a creation of an injury. ConfirmX-ray offers you the real thing, highlighting portions of the exam that you need the jury to see and even feel. A CD of these images allows for segmenting and organizing all of the visual information you need to exhibit.
"Demonstrative evidence was effective showing the severity of the incident."
Demonstrative evidence can only be effective when it leaves an impression. ConfirmX-ray demonstrates, effectively, the necessary medical information you need to have a successful outcome. The method of hanging an X-ray on a light box for a jury to view, is in the past. ConfirmX-ray can manage all of your future radiological needs.
X-ray copies
X-ray images emailed to your computer for viewing
full radiological presentations on CD-Rom
follow-up X-rays taken of your client in the privacy of their own home
For more information regarding this technology and its applications, call ConfirmX-ray at (888) 922-XRAY.

©2014 Massachusetts Bar Association