If there is a bad outcome with a motion or a judgement, appealing a Hudson Valley cancer medical malpractice could be a way to continue fighting for a positive outcome. If the appeal is decided in favor of the plaintiff, then that reinstates their case and gives them the right to go back to trial.
If you were the victim of medical malpractice, consider speaking to an experienced cancer malpractice attorney about your situation. They could guide you through every step of the process, including filing an appeal if the case does not resolve in your favor initially. Call today to schedule a consultation.
First Steps in the Appeal Process
The first step in the appeals process of a cancer medical malpractice case is to file a notice of appeal with the court that has the case. For example, if the case is in the Ulster County Supreme Court, they would file a notice of appeal in that court and then they would serve the notice of appeal upon the opposing attorneys.
After that initial step, an appellate attorney will prepare a record and brief. This record includes all of the different documents used in the case. In a case that went to trial, they would have a court transcript including everything that was said during the trial. They would also have a brief, which is the legal arguments of the appellate attorney. Depending on the department where the appeal is filed, that record and brief would have to be filed within either six or nine months.
Unsuccessful Cancer Malpractice Appeals
If the appeal is not successful, the injured person can always file a formal complaint with the New York State Department of Health and request an investigation of the matter. In a previous case, as a result of the investigation by the New York State Department of Health, the mental health clinic of a hospital was closed due to substandard care and deficiencies in the care that they had provided in that claim. Filing a complaint with the New York State Department of Health can result in real consequences against doctors and hospitals for their substandard care.
Appeals by the Defendant
In New York, there is a court that is above the appellate division called the New York Court of Appeals. That is the highest court in New York State. While the defendant can make a motion requesting permission to appeal to the New York State Court of Appeals when a plaintiff’s appeal is won, the likelihood of that motion being granted is almost zero. The New York Court of Appeals accepts very few cases for their consideration.
How a Hudson Valley Medical Malpractice Attorney Could Help
After a medical malpractice attorney files the notice of appeal with the New York Supreme Court, and they may hire an appellate attorney to handle the preparation of the appeal, including the record and the brief. That appellate attorney would handle the oral argument before the appellate court, which is called the appellate division. Basically, all other aspects of the appeal would be handled by the malpractice firm as the attorneys of record.
For help appealing a Hudson Valley cancer medical malpractice case, do not hesitate to contact a qualified attorney. The appeals complex can be complex, but a dedicated lawyer has the extensive experience needed to handle the details. Call today to begin fighting for a positive resolution to your case.