(845) 802-0047Once a case has gone to trial, it usually concludes with a verdict from the judge or jury or a dismissal of the claim. Many people believe this is the end of the legal case. However, plaintiffs could ask an appeals court to reconsider a trial court judge’s decision. A patients’ rights attorney could help you with appealing a Troy medical malpractice case. They can work with you to understand a legal ruling, determine validity of an appeal, and a build personalized legal strategy so you may have a new day in court.
The First Step to Appealing A Healthcare Mistake Case
The first step to filing an appeal in a medical malpractice case is to examine the decision made by the trial judge. This is because an appeal can only argue that a mistake of law led to the verdict. An appellant, or person seeking an appeal, cannot argue a jury did not come to the correct verdict or evidence was not properly understood.
Some typical legal issues that may warrant a medical malpractice appeal range from the validity of an expert witness’s certification to questions regarding jury selection. An attorney experienced with medical malpractice appeals in Troy could help clients analyze the decisions made by the trial judge and determine if there is a reason to file an appeal.
Filing an Appeal in Troy
Appeals cases are heard by appellate courts. For medical malpractice appeals originating in Troy, the appropriate appeals court is the 3rd Judicial District Court of Appeals. This court is located in Albany.
Seeking an appeal is a highly technical process. It begins with the person seeking the appeal filing a notice of appeal. The notice must be filed at the trial court that heard the original case within 30 days of the court’s decision. Once the notice has been filed, an appeals attorney could begin working on an appeal. A lawyer may help the potential appellant gather a trial transcript, conduct legal research, and file a legal brief with the appeals court. Once the appeals court receives all the required information, a hearing will take place. At this hearing, the appellant’s medical malpractice attorney will have the opportunity to argue the case in person.
A medical malpractice appeal could go in one of three ways. The appeals court may affirm the lower court’s ruling and allow the trial judge’s decision to stand. Or, the appeals court could also order a remand, which would result in the case being sent back to the trial court. Finally, the appeals court may totally reverse the trial courts decision. This may lead to a new case and a potential damage award.
Appealing a Troy Medical Malpractice Case Could Give a Claim New Life
An unfavorable result in a medical malpractice case does not mean that you need to give up. A well-executed appeal could help resolve a judge’s decision. Although seeking an appeal may be complex, it could result in a case reversal or a return to the trial court.
Not every medical malpractice case can be the subject of an appeal. Finding an error to begin a case may take an extensive knowledge of medical malpractice law. Fortunately, an experienced attorney could help with appealing a Troy medical malpractice case by thoroughly reviewing the trial documents and relevant case law. If you are considering an appeal, speak with a legal representative today to schedule an initial consultation.