Each year, injured people file thousands of medical malpractice suits. While medical malpractice claims are a way for individuals to obtain needed compensation after they have been injured by a healthcare provider’s negligence, many claimants lose their case in court due to the significant complexity of this type of claim. Luckily, there is an option to appeal the verdict. An experienced medical negligence attorney could help you understand more about appealing a medical malpractice case in Miami.
When a final judgment is delivered on a medical malpractice case in court or an award is given through arbitration, either the claimant or the defendant can appeal by filing a Notice of Appeal within 30 days. Appeals of medical malpractice claims rarely involve the introduction of new evidence, but rather tend to focus on how the trial court or arbitrator applied the law when considering the case.
Appeals are not heard by a jury. Instead, an appellate court judge receives and reviews briefs submitted by both sides and renders a decision based on those arguments. If either party to the case disagrees with the appellate court judge’s ruling on the matter, it can be filed with the Florida Supreme Court.
Some of the most common reasons why a party to a medical malpractice case would appeal a verdict in Miami include believing that the trial judge made errors that impacted the outcome of the case. This might include giving inaccurate jury instructions, allowing inadmissible evidence, or disputing the amount of damages that were awarded.
Medical malpractice claims are among the most challenging of personal injury claims due to the high burden of proof and the complex medical knowledge required to show the direct link between a medical provider’s actions and a patient’s injury. When someone is appealing the verdict of a Miami medical malpractice case, it can be even more challenging, as arguing the application of law poses a complex legal wrinkle. A lawyer can leverage their legal and medical understanding to identify potential errors in the original trial court’s judgement. They also have an understanding of the filing requirements needed to successfully leverage an appeal, and knowledge about the workings of the appellate court system.
Patients place an extraordinary amount of trust in their healthcare providers. While that trust is often well-placed, it is not uncommon for the negligence of a provider to cause a patient’s injuries and lead to the difficult medical malpractice claims process. At the end of trial or arbitration, it can be extremely disappointing if the outcome is not as one expected or hoped. Fortunately, there is an appeals process in which the application of law in the case can be reconsidered.
The legal team at Kaire & Heffernan is committed to serving their clients and fighting for the compensation they need, even if that means filing an appeal. We have many years of experience in all types of personal injury claims and are not afraid to take on local hospitals and the high-powered insurance companies that seek to protect them.
Contact us today to learn more about appealing a medical malpractice case in Miami and the services we can provide to assist you with your case.
(305) 876-6001