Technology in Your Injury Case: Why Medical Malpractice is a Special Case
By Meaghan Olson
As technology advances forward with each passing day, personal injury legal professionals, like all other professionals in a variety of legal fields, must adapt to these advances-and they usually find themselves trying to catch up. Prosecutors and claimants for personal injuries and tort lawsuits in areas as diverse as car accidents, brain and spinal injuries, defective drugs and police brutality have learned to use technology to their advantage to successfully gain compensation for these injuries.
However, medical malpractice cases are slightly different, and you should consider a new report on legal technology featured at Law.com if you are considering filing a medical malpractice lawsuit or have filed such a claim.
Medical malpractice cases are, to begin with, often highly contentious because they typically involve only severe injuries or death. Personal injury attorneys can take advantage of these emotional subjects. Often, the best strategy for gaining compensation is to let the injury plaintiff's story stand on its own without trying to wow the jury with impressive slides, video or presentations.
Further, presenting with high-tech equipment may look professional, but it could potentially bias the jury against a plaintiff and injury attorney. The jury might see a disparity between all the bells and whistles of the technology and the cold, hard evidence of a doctor's record that the defense produces. In this case, technology can give the exact wrong impression.
The best solution is to use technology such as video clips, graphical presentations and items such as scanned documents only sparingly and with the most strategic value. Successfully challenging a team of medical experts is not easy, and a well-timed video clip showing a glaring contradiction or an impressive fact may be the thing that gains you and your injury lawyer credibility in the face of medical expertise.
While technology never provides the basis for your case, your personal injury attorney will have a good idea of how you might use it to your advantage on top of well-argued and thoroughly-prepared injury case. Medical malpractice has its own special concerns, but this perspective is important to take when dealing with any injury area.