Working With the Medical Artist
Retaining a medical illustrator is similar to retaining any expert: generous timing may be required for them to review a case, create the work, submit for review and deliver results in time for pretrial or mediation disclosure. The artist has no power of attorney and cannot request films or reports. Source materials to provide include:
Diagnostic imaging and accompanying radiologists’ reports
Clinical consultations
Operative notes
An initial quotation is drafted for signing: it should outline the content, final output and cost of the proposed exhibits. Some flexibility is required where new imaging results or a change in diagnosis needs inclusion. The retaining lawyer should be notified where there is a major deviation from the quotation.
In addition to making direct reference to injuries or surgery, medical art can visualize complications and long-term effects where described in medical reports. For example, a joint fracture may lead to arthritic deterioration: visual aids depicting arthritic changes over time become appropriate. As another example, neuroma removal requires nerve repair, often lengthy and incomplete: an exhibit on nerve regeneration would help finish the story. Addressing topics such as diffuse axonal injury or facet joint strain with visual aids can be especially useful for substantiating the claim for damages.
The process of illustrating a client’s injury begins with tracing a key X-ray or the volume render of a CT scan, using software. Illustrating a surgical procedure involves depicting a series of key steps based on operative notes. Animation can be produced cost-effectively in 2D using illustrations as a basis, or with a more involved process using 3D software and object models.
A final draft should be presented to a medical expert witness for review. Direct communication between the illustrator and expert during this stage prevents miscommunication and greatly expedites the process. In many cases, the artist can arrange a review themselves, adding the reviewer’s fee as a disbursement. Final format can be handouts, jury boards, a PowerPoint presentation or a combination. Timing should allow for a final draft to supplement preparation of the expert witness where applicable.
Effective presentation is a determinant in the lawyer’s choice of format even more than cost. Some questions that may prompt a decision are: How does the lawyer wish to hold their viewers’ attention? Will the use of a projector and screen be considered disruptive? Does the courtroom provide adequate line of sight for all viewers and can the room be adequately darkened? Is a large jury board necessary in a smaller setting? Are certain images to be singled out and enlarged?
Properly developed medical art for evidence greatly assists the understanding of the judge and jury. Reference to visuals during explanation ensures that all viewers have the same image in mind rather than their own interpretation of a verbal description. Additionally, medical art furthers the advocacy of plaintiff’s counsel, who will appear favourably for having brought forward such understanding. A medical illustration not only distills reports and notes into a clear image but enhances the impact of an argument, being retained in the mind’s eye while attention is otherwise engaged. Formally admitting medial illustrations and animation requires planning and money, but a professional medical artists will assist the lawyer in clarifying the issues at hand and will ensure that client satisfaction is met.
