Using Computer Animations and Simulations at Trial
Although using computer animations and simulations at trial is less heard of in medical malpractice cases than other types of tort cases, it is not out of the realm of possibility. Moreover, chances are, if you are looking at this site you handle other types of cases in addition to med mal. For that reason, I wanted to bring to your attention a series of Tennessee cases which address the hurdles you must cross in order to introduce at trial a visual animation or simulation. Take a look at State v. Farner, 66 S.w.3d 188 (Tenn. 2001); State v. Hall, et. al., 2005 WL 292432 (Tenn. Crim. App.); and State v. Drake, 2005 WL 1330844 (Tenn. Crim. App.) As you will be able to tell from review of these cases, getting this type of evidence in at trial requires careful planning to make sure that you can lay the proper evidentiary foundation. It is advisable to work closely with testifying fact witnesses and the person who prepares the animation or simulation to ensure that factual liberties are not being taken in the creation process. Also, although you must lay a proper factual foundation to get the animation or simulation into evidence, you don't want to wait too late in the case to use the animation or simulation because the court may find the evidence cummulative and exclude it on that basis. Put simply, computer animations and simulations are amazing and can be instrumental in proving your case, but not if the jury never sees it.