It is more than likely that you put a lot of time, effort, and money toward your medical malpractice lawsuit. So it is understandably frustrating when the verdict does not land in your favor, especially if you believe there was an error in law made during your court proceedings. This is when you must attempt to hold the negligent medical professional accountable once more and file an appeal. Follow along to find out whether you can appeal a verdict and how a proficient New York City medical malpractice attorney at Mark L. Bodner, P.C. can stand by your side throughout.
Is it possible to appeal a medical malpractice verdict?
Importantly, you should not file an appeal simply because you want a do-over of your trial, nor should you do it because you did not like the outcome of your trial. Rather, you must have a legitimate reason to think that an error of law was made, which ultimately led to the wrong verdict being given. Examples of this are as follows:
- You may have reached the conclusion that a judge failed to exclude certain pieces of evidence from your trial.
- You may have reached the conclusion that a judge failed to adequately rule on a motion made during your trial.
- You may have reached the conclusion that a judge failed to provide adequate jury instructions.
- You may have reached the conclusion that a juror(s) failed to disclose a conflict of interest.
You must understand that an appeals court typically does not question the actions made by the judge in your trial court. And even if they do confirm the existence of an error in law, they may find it too trivial to have impacted the outcome of your trial. With this, an appeal court will rarely reverse the final judgment made by a trial judge.
How long do I have to file an appeal?
Though it may pose as difficult, this is not to say that you should not at least attempt an appeal. You should do everything in your power to achieve justice over the negligent medical professional and to receive the financial compensation you require to recuperate from your injuries and damages.
With that being said, you may have to file your Notice of Appeal within 30 days of your final judgment. The same goes for filing a Motion to Reconsider or any other post-judgment motion. If you do not, the court may permanently bar you from this opportunity.
As you may likely conclude yourself, you may have an essential appeal on your hands that requires immediate attention. So you should not hesitate in reaching out to a talented New York City medical malpractice attorney at Mark L. Bodner, P.C.