(845) 802-0047After enduring a medical malpractice injury, most patients are forced to pursue an injury claim to receive compensation for their damages. Even after a trial, though, a plaintiff could receive a court verdict in favor of the defense, or their award may be significantly lower than they felt they deserved.
While such an outcome could be overwhelming, it is essential to remember that you have the option of appealing a Kingston medical malpractice case. By working with an experienced medical malpractice attorney, you could get a second opportunity to seek the compensation you deserve.
Laws for Appealing a Medical Malpractice Lawsuit
As per New York Civil Practice Law & Rules §5513(a), plaintiffs who decide to challenge the decision of a lower court must file a notice of appeal within 30 days after the court verdict was given. After this step is completed, the plaintiff and their attorney would have between six and nine months to review the trial record and prepare a legal argument that refutes the fairness of the lower court’s verdict.
It is important to note that when a medical malpractice case is turned over to the appellate court, a plaintiff in Kingston may not receive a decision for several months or even years. The specific time period would depend on which court is reviewing the case.
When Should an Appeal be Pursued?
While all medical malpractice litigants have the right to try to seek an appeal, only certain legal situations will allow them to actually start the appeal process. Appellants and their medical malpractice attorneys must allege that a judge’s error in applying the law during their principle case caused a miscarriage of justice. Examples can include the improper certification of a defense expert witness, the improper empaneling of a jury, or the unlawful exclusion of evidence. A Kingston medical malpractice attorney could help to determine if sufficient grounds exist to demand an appeal of a medical malpractice verdict.
Reasons to Appeal a Hospital or Doctor Error Case
There could be numerous reasons for appealing a medical malpractice claim in Kingston. If one party is not satisfied with the verdict given by the lower court, an appeal will allow them to ask a higher court to review the decision of the lower court.
Typically, the appealing party’s purpose behind doing this is to get the lower court’s decision overturned. A higher court will usually make such a ruling if they find the lower court’s decision was unfair in any way.
It is important to remember, though, that an appeal does not necessarily entail asking the appellate court to come to a different decision on the case than the lower court did. Rather, the purpose of the appeal is to get the higher court to review the ruling and the procedures of the lower court to determine if the outcome was made fairly and legally.
Given the nature of a case appeal, there may be different paperwork and procedures required than those that were utilized during the initial lawsuit, and it may be necessary to appear before several appellate judges. Since this appeal may be a plaintiff’s last opportunity at justice, retaining an accomplished attorney who has extensive experience with medical malpractice appeals in Kingston could be crucial.
What Would The Result Be of an Appeal in a Medical Malpractice Case?
State appellate courts have broad authority to rule on questions of law that occurred during trials. However, an appeal can only result in three possible outcomes. If the appellate court agrees with the decisions of the trial judge, the court will uphold the previous ruling. This means that the result of the trial will stand.
Another option is for the court to issue a ruling and remand the case to the trial court. In essence, this requires the trial court to reverse its decision and to continue the case based on that new ruling.
In many cases, a remand can also result in a new trial. If the remand would make it impossible for the old case to restart, the appellate court will order the trial court to hold a new case. This will give a plaintiff a new chance to present evidence to a fresh jury.
Will Pursuing an Appeal Require a Plaintiff to Appear in Court?
Appellate trials are very different from trials in a local courthouse. The judges that consider these cases do not hear new evidence or arguments about facts. Instead, they consider the facts on the record from the previous trial and evaluate a judge’s decisions based on the evidence already accepted.
All appeals will require a plaintiff or their attorney to submit a brief to the court. The court will consider the case based on the merits of that brief. In some situations, the court may call the attorneys to make oral arguments concerning that brief in person. However, in no situation will a litigant need or have the chance to address the court. However, appellant litigants have the right to observe these oral arguments if they take place. A Kingston medical malpractice appeal attorney could help to explain the rights and obligations of litigants who pursue an appeal.
Getting Help with Appealing a Medical Malpractice Lawsuit in Kingston
Being given an unfair ruling in a medical malpractice case could leave you dealing with costly medical bills and lost wages all by yourself. However, there may still be a chance for you to seek compensation for the pain and suffering you have endured at the hands of a negligent medical care provider.
Appealing a Kingston medical malpractice case is not a task to be taken lightly. Seek the help of an attorney who has helped medical malpractice patients file successful appeals in the past. You may only have a limited amount of time to act if you wish to pursue an appeal, so call today for an initial consultation.