Appealing a Medical Malpractice Case
Pursuing a medical malpractice case can be a complex and lengthy undertaking. Even if the case goes to a full trial, there is no guarantee that you will receive the compensation needed to make things right. Thankfully, a ruling in favor of a defendant doctor or an insufficient award does not need to be the end of your case.
All parties to civil lawsuits have the right to seek an appeal after their main trial comes to an end. These appeals must allege that an error of law during the trial brought an unfair result. This means appealing a medical malpractice case in Ohio demands an understanding of the law and the ability to evaluate a judge’s decisions during the case. A medical misconduct attorney is ready to provide this support.
Why Pursue an Appeal after a Medical Malpractice Case Verdict?
Filing a claim alleging medical malpractice is never a guarantee of success. Nor is taking a case to court and presenting it before a jury. Even if it appears to a victim that a doctor’s misconduct was clearly the source of their injuries or a worsening condition, a proper outcome is never a given.
In the most straightforward examples, a jury may favor the defendant doctor, nurse, or dentist. They may not believe that negligence occurred at all. In other cases, they may not believe that a condition worsening was due to an error. These results will not allow a victim to collect any compensation.
A less-than-perfect result may also take the form of an inadequate compensation package. A jury may award compensation that is less than the amount a person is seeking for their losses. Improper compensation packages are another potential reason to consider an appeal. Appealing a medical malpractice case can result from many forms of motivation.
How to Pursue an Appeal for a Medical Malpractice Case
All parties in civil lawsuits have the ability to appeal a verdict. However, this does not mean any reason may serve as the justification for an appeal. It is not enough to say a jury made a wrong decision. Instead, Ohio Courts of Appeals can only consider cases where a party alleges an error of law has occurred, resulting in an unfair trial.
What is an error of law? In short, these are instances where a judge incorrectly applies the rules of the court and what a jury may hear. These errors may include:
- The improper certification of a witness as an expert
- Allowing a biased person to sit on a jury
- Making an incorrect ruling regarding the admissibility of evidence
If these errors occurred, the Court of Appeals may order the case to return to the local courthouse for a new trial. People seeking this result must be sure to act quickly. Ohio Rules of Appellate Procedure § 4 states any person seeking to appeal a judgment must submit their notice of appeal with the Appellate Court no more than 30 days after the decision enters the record. Because these cases can be complex, it is best to contact an attorney as soon as possible when appealing a medical malpractice case.
An Attorney Could Help You When Appealing a Medical Malpractice Case in Ohio
The outcome of a medical malpractice case will determine your financial stability for years to come. A poor outcome at trial can result in the loss of essential funds or an inadequate compensation package to cover your losses. If this is the case, you have the right to pursue an appeal. A lawyer could help determine if an appeal is appropriate under state law. Contact an attorney now for more information about appealing a medical malpractice case.
