After 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.

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.

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.