There are many different factors in appealing an Albany medical malpractice case. Therefore, a person may want to confer with a knowledgeable legal representative before moving forward with an appeal.

Someone seeking to file an appeal in a medical malpractice case could significantly benefit from considering the various aspects of such a process with an experienced medical malpractice lawyer. An attorney potentially could guide a person through the process of submitting and defending an appeal. In most situations, appealing a medical malpractice case is a complex process. Discussing the risks and benefits of appealing a case prior to filing could substantially improve a person’s appeal process experience.

The Basis for an Appeal

When a judge or jury decides a medical malpractice case, any party may ask a higher court to review the judgment and the underlying case to determine if an error has occurred. This process is known as an appeal.

When appealing an Albany medical malpractice case, the court of appeals will generally review the case for errors in accordance with New York laws. It may be critical to have a lawyer who is familiar with the case and who can present it because the court is not likely to review the facts.

Most medical malpractice cases are heard in the local Supreme Court, where a judge and a jury will often spend days listening to testimony, reviewing depositions, and weighing evidence to reach a decision. New York Civil Practice Law and Rules § 5511 states that only an aggrieved party may appeal. This means that a person is not entitled to file an appeal if they were successful in the underlying action, but they were not satisfied with the judgment. For example, a person who won $100 thousand in a medical malpractice case cannot appeal a judgment to the appellate division because they are not satisfied with the judgment amount.

Items That May Be Reviewed in an Appeal

It is important to understand that an appeal is not an opportunity to relitigate every issue in a medical malpractice case but is an opportunity to have a higher court review the lower court’s overall judgment. The following cases typically may be appealed under New York CVP § 5501(a):

  • Any judgment or order which affects the final judgment and has not yet been finalized
  • Any order that denies a new trial or hearing that has not been reviewed by the court in which the appeal was heard
  • Any ruling to which the appellant objected or had no opportunity to object
  • Any remark made by the judge to which the appellant objected
  • A verdict that was excessive or inadequate as set by an appellant’s motion
  • Any charge to the jury or failure or refusal to charge as requested by the appellant
  • Any ruling which was a refusal or failure to act as requested by the appellant

Final Notes About Appealing an Albany Medical Malpractice Case

Someone who has suffered an injury due to the negligent action of a physician or other medical professional may benefit from appealing an Albany medical malpractice case. Contact a skilled injury lawyer who could begin filing the correct paperwork.

An appeal allows those injured in medical malpractice cases to protect their rights and potentially help ensure others are protected from similar injuries in the future. Consult an Albany medical malpractice lawyer today to discuss your case.