Medical professionals may need to appeal a verdict

Even if they did nothing wronging, fighting off a medical malpractice case can be hard for a doctor or hospital.

Often, the patients who file these cases garner the sympathy of New York juries who want to help. Whether out of sympathy or otherwise, even judges presiding over these cases can make mistakes when applying the laws of this state.

Other times, a doctor or hospital may admit to some of negligence, but a jury or judge issue a verdict that is unfairly high given the circumstances.

Finding themselves on the receiving end of a disappointing decision, doctors and other professionals, as well as the hospitals that employ them, may want to appeal the result of a trial.

While appeals are not do-overs, they may convince the appellate court to order a new trial, or the court may make changes to the decision that, at best, clear the medical professional of wrongdoing or, at worst, make the verdict a bit easier to swallow.

Even the threat of an appeal can encourage a patient to settle their claim for less than what a jury awarded them.

Appeals in both state and federal cases in New York are complicated matters

Appealing a decision is not a simple matter. The appeal itself is in many respects a separate court proceeding requiring a different type of preparation.

• A medical professional, with their lawyer, will need to decide whether it makes sense to appeal a case in the first place. Sometimes, an appeal will do more harm than good and in other cases, the appeal is just not worth the time and expense.
• On a related point, not every issue is appealable, and with respect to many other issues, appellate courts have made it clear that they are very unlikely to overturn a trial court.
• Appellate courts have their own rules, deadlines and requirements. Not following these rules can in some cases mean a person loses their right to appeal.
• Unlike preparing for a trial, preparing an appeal involves looking over all documents, exhibits and transcripts from a court case and writing an argument, called a brief, in support of a medical professional’s position. The lawyer preparing the appeal may also be invited to give a short presentation and answer questions from the appellate judges deciding the case.

Those interested in exploring this option should make sure they are fully informed about it and should have the proper expertise and experience in place before going forward.