Medical malpractice cases can be lengthy, overwhelming, and emotionally draining processes. These factors can make losing your case that much more difficult to bear. However, if you took your claim before a judge or jury and received a verdict in favor of the defendant, all hope is not lost. Consider learning about the process of appealing a Poughkeepsie medical malpractice case.

The formal process of an appeal may give a person the opportunity to have your case heard before a higher court. Although appealing a case could take a lot of time and dedication, with a seasoned injury lawyer’s help it may be worth it in the end. If the higher court disagrees with the verdict given by the lower court, it could be overturned.

Poughkeepsie Appeal Laws

Just as a medical malpractice claim typically must adhere to set deadlines and certain legal rules, appealing a Poughkeepsie medical malpractice case also has its own set of rules and deadlines. To have an appeal reviewed in appellate courts, plaintiffs and their attorneys generally must make sure to follow the legal process for civil case appeals. If the mandated legal process does not occur as it should, the appeal may never make it to an appellate court.

The Medical Malpractice Appeals Process

When deciding whether to file an appeal, a plaintiff should typically meet with a qualified attorney as soon as possible. According to New York Civil Practice Law & Rules §5513(a), an appeal must be filed within 30 days of when the court rendered the original verdict.

Appealing a medical malpractice case in Poughkeepsie often begins with an initial filing at the office where the judgment or order of the court of original instance occurred, as per New York CPLR §5515(1). Unlike in criminal cases, the notice of appeal in a civil case generally is not immediately sent to the Appellate Term when it is filed. Instead, the Appellate Term may not receive notice of a filed appeal until one of the following happens:

  • One of the parties to the appeal makes a motion in the Appellate Term
  • The record on appeal is sent to the Appellate Term by the clerk of the lower court

If neither of these two instances occurs, the Appellate Term may not know the specifics of the appeal or that an appeal request has even been made. Next, the appeal may need to be perfected by placing it on the appeal calendar, at which point it is assigned to a term.

Speak with an Attorney About a Medical Malpractice Case Appeal

Appealing a Poughkeepsie medical malpractice case often requires extensive legal and medical knowledge, as well as familiarity with how the appeals process works and what documentation may be required. Fortunately, a qualified injury lawyer may be able to review your case and verdict to find a valid legal reason to file an appeal.

If an appeal is successful, a person could have another chance to hold a negligent physician or medical staff member accountable for their medical malpractice. Arrange for an appointment today and potentially begin discussing effective legal strategies for an appeal.