The first step when appealing a Hudson Valley stroke medical malpractice case is determining whether there is any basis for an appeal. If the court wrongfully dismisses the case on summary judgment or if the judge made an evidentiary error in allowing something into evidence, those can be the basis for an appeal. A skilled stroke medical malpractice lawyer could examine the facts of your case and determine whether you have a case. Contact an attorney today, and know that you are in capable hands.

Filing a Notice of Appeal

Once a person has determined that their appeal has merit, they need to file a notice of appeal with the Supreme Court in the county where the case is reviewed. That is required. Then the appellate attorney will prepare a record in brief, which is simply all of the documents from the case, including the transcript of the trial record, that need to be considered by the appellate court. The brief is a legal document that has all the arguments of the appellate counsel.

In following the preparation of the brief and record, there will be an oral argument in which attorneys for both sides will make their arguments before the appellate court. There are four appellate divisions in the State of New York. The western part of the state is called the fourth department, Upstate New York from New York City to Central New York is called the third department, and then in New York City there is a combination of the first and second departments.

Impact an Appeal Could Have on Damages

Appealing a Hudson Valley stroke medical malpractice case does not change the damages at all. If the appeal is lost, then there is no recovery. If the appeal is won, that reinstates their case and they get a second chance at trial. A person’s damages are the same as they were during the first trial.

What to Do in the Event That an Appeal is Unsuccessful

An injury victim can always file a formal complaint with the New York Department of Health and ask for an investigation if an appeal is unsuccessful. Usually, that does not result in anything. On occasion, the New York State Department of Health will make findings of substandard or deficient care, and there can be consequences. In some cases, a doctor’s medical license can be suspended, limited, or revoked. In one of our cases, the doctor’s license to practice obstetrics was revoked by the New York State Department of Health. In another case, the doctor could only practice under the supervision of another doctor. The New York State Department of Health has the legal power to impose consequences that are even stronger, in some cases, than a lawsuit.

How Can a Hudson Valley Stroke Medical Malpractice Attorney Help

The first step that Hudson Valley medical malpractice attorneys can take to help those who want to appeal a case is finding the best appellate attorney possible. Our firm works with the lawyer who we consider to be the best appellate attorney in the State of New York. That appellate attorney would handle all parts of the appeal, beginning with determining whether the appeal has merit, filing and serving the notice of appeal, assembling the appellate record in brief, and making oral arguments before the appellate division. If you want to know more about appealing a Hudson Valley stroke medical malpractice, contact a lawyer that could answer your questions.

Hudson Valley Stroke Medical Malpractice Lawyer