(845) 802-0047Appealing a Hudson Valley heart attack medical malpractice case can seem like an extremely intimidating process. Anyone who is interested in pursuing such an appeal should consult with a dedicated heart attack medical malpractice lawyer. They could evaluate the circumstances surrounding a person’s appeal and potentially research different legal strategies that may serve effectively in court. If you or a loved one experienced an incident of heart attack medical malpractice, there may be legal options available to hold negligent physicians accountable.
Initial Steps of Appealing a Heart Attack Malpractice Case
The first step when trying to appeal a heart attack medical malpractice case is determining the merit of the appeal. This is usually determined by whether the judge made an evidentiary error. If the judge allowed certain evidence in that they should not have allowed, or if the judge refused to permit certain evidence into the case that should have been allowed, that would be an issue that would help determine the merit of the appeal.
The next step typically is filing the notice of appeal in the county where the lawsuit was held and serving the notice of appeal to the opposing counsel. After that, there is usually an appellate attorney who would prepare the record and brief and would argue the appeal. The appellate court would render a decision following those arguments.
Impact of an Appeal on Damages
There is no change in the damages when appealing a Hudson Valley heart attack medical malpractice case. If the plaintiff loses the appeal, generally, the case is over. If the plaintiff wins the appeal, that reinstates the case and the plaintiff may have another trial but the damages do not change. The economic and non-economic damages from the original case generally remain the same.
Potential Options After an Unsuccessful Appeal
Following an unsuccessful appeal, the individual may be allowed to file a formal complaint with the New York State Department of Health to ask for an investigation. It is always a good idea to be as thorough and detailed as possible in writing the complaint. An individual could do this by providing medical records so that the Department of Health will have a basis for rendering a decision. The Department of Health may assign an investigator, usually a registered nurse, and they may conduct interviews and statements from some of the medical providers who were involved in the case. The Department of Health may render a decision determining either that there is no merit to the complaint or that there were deficiencies in the care provided. In those cases, they may limit, suspend, or revoke the medical license of a doctor, suspend the practice of a hospital in some way, or at least place them under a probationary period.
Appeal a Heart Attack Medical Malpractice Case in Hudson Valley With an Attorney
If your initial heart attack medical malpractice case did not succeed in court, consider filing an appeal. A skilled attorney could make the process for appealing a Hudson Valley heart attack medical malpractice case less daunting by partnering with an injured individual and fighting for their rights. Call and schedule an appointment to discuss your potential legal options.