A gynecologist caused irreversible damage to his patient’s uterus when he failed to remove an old intrauterine device before inserting a new one. The patient would experience severe pelvic pain for six months before discovering that her doctor had made the horrendous error, which resulted in massive uterine perforation, painful adhesions, and a ruptured tubo-ovarian abscess.
Robert J. Rooth, Esq., provided strategic visual presentation that would summarize the doctor’s liability, illustrate the massive amount of damage caused, and demonstrate the surgeries the patient needed as a result of the doctor’s negligence.
Rob explains how leverage played a part in mediation.
Everybody knows that a picture is worth more than a thousand words, but the exhibits and the visuals go beyond just the pictures. They go into creating my client’s life, and what he or she will have to endure for the rest of his or her life. So being able to powerfully demonstrate that, whether it be to a witness, to defense counsel, insurance adjuster, or to a jury helps me tremendously in representing my client.
Robert J. Rooth, Esq., The Rooth Law Firm, Evanston, Illinois
We provided them with strong visual leverage heading into mediation, which convinced the Defense to settle for a large, undisclosed amount.
I was able to cross-examine the defendant doctor with greater precision. It helped me take the deposition testimony of the attending surgeons who treated her once the injuries had developed, and allowed not just me, but defense counsel and insurance adjusters to understand the full extent of the injuries. So they knew that we were ready for trial. They had a good grasp of the internal injuries that the negligence had caused.
EXHIBIT A: ILLUSTRATED ANATOMY COMPARISON
The first section introduces the Plaintiff’s damages by comparing the normal anatomy to her damaged anatomy – both before and after the compromised areas were cleaned out. Showing the extent of irreversible destruction alongside her anatomy helped emphasize the level of pain and suffering this malpractice caused for this victim.
Comparing Normal VS Damaged Uterine Anatomy
On paper, we can see a procedure described, but when one actually sees how the procedure should be done compared to how it was done, it really aids in establishing liability.
EXHIBIT B: COLORIZED ULTRASOUNDS
After introducing viewers to the uterine injuries, we highlighted important points of damage in the patient’s Ultrasound films. Colorizing these black-and-white films not only familiarized viewers with what they were seeing; it also anchored the credibility of the illustrations (from Exhibit A) in hard, radiographic evidence.
Highlighting Damages in Ultrasounds
Going into damages, the visuals had a huge impact on everybody involved, whether it be myself, the mediator, or even the defense counselor. To see what it really means to have that particular part of the anatomy impacted or affected: it really helps everybody understand not just the injury, but how the injury is going to affect my clients in the future.
EXHIBIT C: ANIMATED ULTRASOUND
This animation helped viewers understand how the colorized ultrasounds (from Exhibit B) were captured. It also added important context to understand where details were located in the radiographic films.
Showing How Ultrasounds Work
Going into mediation prepared shows the Defense that I’m ready to go to trial because I’ve had the exhibits since discovery, and I know the case, and they know that I’m going to be able to clearly demonstrate to the jury how the injury occurred and how it’s going to impact my client going forward.
Finally, after establishing the magnitude and credibility of the Plaintiff’s damage claims, this next series of animations walked viewers through all the complicated procedures she needed to undergo to have the IUD removed, parts of her uterus extracted, and the infected areas of perforation cleaned out.
See the video below: