Medical malpractice refers to any negligent actions a medical professional might have taken while treating you. When you are ill and seek a medical professional’s help, you are doing so with the belief that they will do their best to treat you, not make things worse. The physical and emotional damage that you might feel following malpractice case can be difficult to go through, which is why it is important to pursue legal action. However, if you file a medical malpractice case and do not receive the outcome you desire, you have the option of appealing an Anne Arundel medical malpractice case. If you are considering appealing your case, get in touch with a capable medical malpractice lawyer that could advocate for you.
The Process of Appealing a Case
If a medical malpractice case is dismissed, the plaintiff can appeal the case within 30 days from the court’s decision dismissing the case. However, there has to be grounds for the appeal, such as some type of error that the court has committed.
If the verdict is not optimal, the plaintiff can file within 30 days. They can file with a motion to set aside the verdict or request a new trial. For the appeal to succeed, the plaintiff and their attorney have to prove some type of error, abuse of discretion, or the misapplication of the law.
How Can Appealing a Case Affect the Damages Received?
Appealing an Anne Arundel medical malpractice case affects the amount of damages a plaintiff could receive should they win the appeal, because of interest. Interest will always be accruing while the appeal is pending. An individual could potentially get a larger judgment with interest because an appeal can take anywhere from 1-3 years.
The Amount of Times a Verdict Can Be Appealed
Typically, a person has just one chance to appeal a verdict. However, if a case, for example, gets all the way to the top of the Court of Appeals, the judge could order a new trial.
The plaintiff can then go through another trial. If the plaintiff does not like that verdict, they can appeal it again, but it would be costly and time-consuming.
Factors That Impact How Long an Appeal Could Take
An appeal could take longer than others, depending on whether or not the opposing parties are fighting the appeal. There are briefing schedules and there may be multiple defendants who will be filing briefs. The Court of Special Appeals has to review all the transcripts of the evidence. A hearing is held, and oftentimes the judge will take their time to make a decision. There usually is a written opinion involved.
An appeal can be longer or shorter depending on the amount of evidence. It can take a long time for people to pore through all of that and review it. While this is going on, the plaintiff and the defendant can continue to negotiate a settlement, which could actually shorten the appellate time.
What Happens if the Appeal is Lost
When appealing an Anne Arundel medical malpractice case, people should be aware that it is costly and takes a long time. It involves an error of law, which means that only a lawyer can be the one who can present that case. It is not about the facts; it is all about whether or not the law was applied correctly to the facts during the trial. If the appeal is lost, the case goes no further. Whether it was a jury verdict or the case was dismissed, is basically the final say of what happens to the case.
Ways an Anne Arundel Medical Malpractice Attorney Could Help
The aid of an experienced medical malpractice attorney could be instrumental if you are considering appealing an Anne Arundel medical malpractice case. A lawyer could help you file the necessary paperwork. There has to be a notice of appeal. Transcripts have to be sent to the court of appeals. There are all these processes and procedures as well as timing issues that have to be followed in order to preserve your right to appeal and preserve the actual appeal.
An Anne Arundel malpractice attorney knows the processes and procedures and knows what paperwork needs to be filed. They can also determine whether or not an appeal has merit, whether there has been an abuse of discretion or an error of law during the process and procedure of the trial. If you want to appeal the verdict of your medical malpractice case, speak with a qualified malpractice lawyer that could fight for you.
