Blogging from a Birth Trauma Trial in Murfreesboro — 4/15/08
posted on April 15th, 2008 in Trial by clintWe have put on proof for the last few days. Our second Ob/Gyn expert is testifying. These cases are very emotional and scientifically challenging. The press was here at the opening statements. There were two articles in the local newspaper. Fortunately, none of the jurors saw the articles. We have a learned trial judge who is doing an outstanding job being fair to all parties. The stakes are high, and it seems that the jury knows it. The use of projectors and multiple computers is essential to the effective presentation of the case in chief. Models of forceps, vacuum extractors, and a rubber pelvis with baby make good demonstrative aids. The proper use of medical literature is also essential to narrowing the obstetrical fact issues. All of us are learning a lot about the delivery process and just how fragile life is. Moreover, no one can know what goes on in the minds of the jury. We can sense a momentum. Call it wind at your back.
It is vital in a complex case like this to take your time examining witnesses. Take time to define terms and show surgical maneuvers. Take the hospital chart and show the format because the jury will revisit it often. We started the case off with a damages witness who was virtually unimpeachable. This set the tone for what the case was about - a severely injured child who needs help. The fault of the hospital and doctor have consumed the rest of the case at this point.