Page 63 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

Another option the parties have in the event of an unfavorable

decision is to file an appeal. Each party has a right to appeal
the verdict. The appeal will be heard by the appellate court

which is comprised of a panel of judges, and the review will be

based upon the trial court record. No new evidence may be
introduced.

Appeals can take years to be decided. Just as there are rules

that apply to the trial court proceedings, there are appellate
rules that apply to the appeal. Sometimes, oral argument is

requested by either a party or the court, and sometimes the

appeal is decided solely upon the briefs the parties file.

If the appellate court concludes that there was reversible error

committed in the trial court, the appeal will be granted, and the

case referred back to the trial court to be heard again. If no
reversible error is found, the appeal will be dismissed with the

costs taxed to the unsuccessful party.

If the unsuccessful party to the appeal remains dissatisfied, an
additional appeal can be filed with the state supreme court (or

U.S. Supreme Court in federal cases). This is not an appeal as
of right, meaning the decision to hear the appeal is

discretionary with the higher court. The process in the

supreme court is the same as it was in the lower appellate
court.

The losing party in a malpractice case sometimes files an

appeal as a matter of strategy to try to negotiate a better
outcome. For example, an unsuccessful defendant may

threaten to appeal the jury’s verdict unless the plaintiff agrees

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