If you suffered because of a medical error and then lost your case at trial, it is understandable that you feel dejected. Depending on the circumstances, your case may be eligible for appeal.
Our medical malpractice attorneys at Thurswell Law could help you understand your rights and determine whether you have a case. We could review your matter if you are considering appealing a medical malpractice case in Southfield. However, the process is time-consuming, and you must act quickly to preserve your appeal rights.
What Are the Legal Grounds for an Appeal?
Your right to appeal a decision in a medical malpractice case is conditional. You must have adequate legal grounds to appeal. An appeal is an opportunity for the legal system to correct an error, but it is not a forum to retry a case.
To be successful on appeal, you must show that there was a legal error that may have had an impact on the case’s outcome. Examples of issues that could merit an appeal include improperly admitted or excluded evidence, a flaw in the jury’s instructions, or the judge’s use of incorrect reasoning to support their ruling on a motion.
In medical malpractice cases, the qualifications of an expert witness often lead to appeals.
Appeals are essential for correcting mistakes that lead to unfair results, but most do not change the outcomes. Pursuing an appeal is time-consuming and expensive. However, our experienced attorneys in Southfield could provide a candid, reasoned assessment of your chances of overturning the decision in a medical malpractice case on appeal.
Medical Malpractice Appeal Process
Michigan Compiled Laws § 600.6098 governs appeals in civil matters, such as medical malpractice cases. It requires litigants to file a notice of appeal within 21 days of the court’s decision. If the trial lawyer files post-judgment motions, such as a motion for reconsideration or a new trial, the 21-day window does not open until the judge issues a ruling on it.
Our medical malpractice lawyers in Southfield could review your case record to determine whether it reveals any legal errors that could support an appeal. It is important to note that any error you cite in the appeal must have affected the outcome.
Both sides submit written legal arguments to the appellate court, and as the appellant, you must file a verified transcript of the court’s proceedings. Appellate courts do not hear witness testimony or independently assess the quality of evidence. They only decide whether the court followed proper legal procedures and whether the judge’s statements and rulings were proper under the law.
Possible Results of an Appeal
If you win an appeal in a medical malpractice case, it does not mean you will receive a huge settlement from the defendants. Before you file an appeal in a medical malpractice suit in Southfield, our attorneys at Thurswell Law could explain possible outcomes. At best, a successful appeal directs the lower court to hold another trial, and you have another opportunity to prove your case to the satisfaction of the jury.
More often, the appellate court will direct the trial judge to reconsider specific decisions they have made during the proceedings. In many cases, the court upholds the trial court’s decision. When the appellate court’s judgment is not in your favor, you have the option of appealing to the Michigan Supreme Court.
Contact Our Attorneys in Southfield About Appealing a Medical Malpractice Lawsuit
If you are considering appealing a medical malpractice case in Southfield, talk to our lawyers at Thurswell Law. Experience gets results, and we could construct the strongest possible arguments to support your appeal and help you obtain justice. Call us today.
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