If a plaintiff loses a medical malpractice case, they can appeal in order to receive an alternative outcome. This is a second chance at receiving compensation for their pain and suffering.

If you are considering appealing a medical malpractice case in Hudson Valley, contact a lawyer immediately. An experienced medical malpractice attorney could help you receive the justice you deserve.

The Appeal Process

After a plaintiff loses a case, the defense will ask the judge to sign a legal document called the judgment. The judgement is the court’s decision regarding a case. A plaintiff’s attorney then has 30 days to file a legal document called a notice of appeal. This document states that the plaintiff would like to appeal the court’s decision. This notice of appeal will be filed in the county in which the lawsuit was brought, and the notice of appeal will be served to the defense attorney.

How Long Does an Appeal Take?

In general appealing takes take a long time. However, the length of time for an appeal can vary by department. In New York State, there are four different departments. In the first and second department in New York City and Long Island, the time for an appeal can take two years, if not longer. In the third department, an appeal might take about a year. The fourth department in Central and Western New York generally takes about a year. Plaintiffs thinking about appealing a medical malpractice case in Hudson Valley should take this into consideration.

How Often is Someone Allowed to Appeal Their Case?

Medical malpractice cases typically begin in the trial court in New York State, which is the Supreme Court. The Supreme Court holds a trial and makes a decision. If a plaintiff disagrees with the court’s decision they can make an appeal.

This appeal will then go to the appellate division. If the appellate division also makes a decision the plaintiff disagrees with, they can try to appeal again to New York’s Court of Appeals which is the highest court in New York.

Court of Appeals

Individuals who are appealing a medical malpractice case in Hudson Valley should know that the Court of Appeals rarely grants permission for a further appeal. In more than 95% of all cases, the New York Court of Appeals will deny that motion and that means no further appeals; the case is over.

Seeking Damages

Appealing a medical malpractice case in Hudson Valley can be a great opportunity for an individual to receive compensation. If the judge and the court ultimately end up reversing their verdict, they plaintiff can recover money that they otherwise would not have.

Contacting a Hudson Valley Medical Malpractice Attorney

If you have been injured due to the negligence of your medical practitioner, or a medical facility, contact a Hudson Valley medical malpractice lawyer. An experienced lawyer can examine your situation and help you determine if appealing a medical malpractice case in Hudson Valley is an appropriate option for you. You deserve to work with someone who is passionate about seeing you receive the compensation you deserve.