Statistical data and expert testimony are often difficult for juries, judges and hearing panels to understand. The reason is simple: The presentation is boring!

The presentation of statistics does not have to be uninteresting if the expert takes certain precautions. Studies have shown that lengthy statistical data can be vitalized by a single hypothetical case example.

For instance, if a statistical chart demonstrates a particular conclusion, that drab numerical summary can be brought to life by the use of a "factitious" example. If a summary chart of 1,000 instances of drug administration suggests the likelihood of an adverse drug reaction, the expert could proceed during direct examination as follows:

Question:   Doctor, you have examined the chart, Exhibit A; isn't that correct?
Answer:      Yes, I prepared it for purposes of this trial.

Question:   What does a chart like that really mean?
Answer:      It means that if I see 1,000 patients, only 1.2, or say a maximum of 2.0, will ever experience the drug reaction that occurred in this case. It really says the chance of this adverse reaction occurring is quite remote.

To present statistics clearly, the expert must explain how the statistics were gathered and that each part of the statistical analysis consists of many real-life cases. The expert should explain how information from each case is compiled with that of other cases to compute the numeric probability, and thus the scientific or technical credibility, of a proposition.

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