Medical Malpractice Appeals Lawyer
After years of pain and suffering through no fault of your own, and the stress that comes with complex litigation, the jury returns a defense verdict or your medical malpractice case is thrown out on a technicality. Or perhaps you won a huge jury award, but now the doctor’s lawyers have filed an appeal. In either case, an attorney who excels at trial and litigation in the lower court is not necessarily qualified to handle an appeal. Appellate advocacy requires a vastly different set of skills. If you are serious about protecting your rights, then you should consult with an attorney who concentrates in appellate practice.
AppellateLegal is an appellate law firm with the degree of competence necessary to properly handle medical malpractice appeals. Our experience can make the difference between success and failure on appeal. Contact us today at 410.356.8859.
Medical Expert Qualification Appeal
In Dickenson v. Cardiac & Thoracic Surgery of E. Tenn., 388 F.3d 976 (6th Cir. 2004), the plaintiff sought recovery for brain injuries sustained as a result of the premature removal of a ventilation tube following surgery. The lower court granted summary judgment and dismissed the case when it excluded the plaintiff’s expert witness. The court reasoned that the expert was not qualified to testify because, although the expert reviewed the pertinent x-ray report in arriving at his opinion, he did not review the x-ray itself. The United States Court of Appeals for the Sixth Circuit reversed the decision, and reinstituted the case. The Court held that the failure to review the x-ray went to the weight or credibility of the expert’s testimony, but did not render the opinion inadmissible.
Excessive Verdict Appeal
A negligent doctor will often appeal a substantial jury verdict. In Gibson v. Moskowitz, 523 F.3d 657 (6th Cir. 2008), the personal representative of a patient who died from dehydration sued the attending physician for medical malpractice. The plaintiff argued that the doctor negligently failed to monitor the patient. The jury found in favor of the patient, and awarded a total of $5,000,000 in compensatory and punitive damages. The doctor filed an appeal challenging the damages award as excessive. The appellate court upheld the verdict, holding that it was not constitutionally excessive.
Other Issues in a Medical Malpractice Appeal
Insurance lawyers for the negligent doctor will raise any and every real or imagined legal technicality in an effort to avoid liability. They will file dispositive motions, argue that the patient failed to cooperate in the discovery process, seek to disqualify the patient’s expert witnesses, make multiple evidentiary objections at trial, appeal any jury verdict, and take other measures to avoid accountability. If your case was dismissed, if crucial evidence or an expert opinion was excluded, or if you prevailed and the other side has now filed an appeal, then you should take immediate action and consult with an experienced appellate lawyer.
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AppellateLegal delivers value and quality appellate representation. Whether you need appellate counsel to get your case back on track, or defend a hard-earned jury award, we can help. Our firm offers competitive flat rates for most appeals. However, we handle certain medical malpractice appeals on a contingent basis, where the client pays nothing unless they win. We need to meet with you and analyze the case in-depth before making that determination. After our consultation, you will know the total fee for representation in your appeal, as well our strategy to win your case. There are strict deadlines imposed by the court system for appeals. Accordingly, it is imperative that you act promptly to make sure you do not lose your rights. Fill out the contact form on this page or call us today at 410.356.8859.