Appealing a Medical Malpractice Case in Atlanta
When someone is contemplating appealing a medical malpractice case in Atlanta, they should know that the process is quite intensive. Unlike trial court where someone is dealing with a jury of laypeople, in the court of appeals, they argue to judges who may be knowledgeable about the law.
More nuance and more levels of expertise could be involved, so it is important to work with an attorney that is experienced and skilled. The appellate courts may rely greatly on written submissions, briefs, and arguing the case. Through this, a skilled medical malpractice attorney could build a strong case for you. Contact an attorney from our firm today for a free case review. En Español.
Process of Appealing an Atlanta Medical Malpractice Case
In Atlanta, the first level of appeal is in the Georgia court of appeals. Depending on whether the case was dismissed, the person lost at trial, or there was a directed verdict, could determine how and when an appeal is filed. The effect on the number of damages if one wins the appeal depends on how the case went up.
What Are the Levels to an Appeal in Atlanta?
There are a couple of levels a person must go through when appealing a medical malpractice case in Atlanta. When someone loses at the trial court level, they could begin by going immediately to the court. If they are unsuccessful at the Georgia court of appeals, they could file a writ of certiorari to the Georgia supreme court that may make a decision of whether to hear the appeal. If the supreme court decides to hear the case, they could appeal there as well. If someone appeals and wins the appeal and the case is sent back to trial and there is a different error, they could appeal that again.
Length of Time of an Appeal Case
There is no set time limit on appealing a medical malpractice case in Atlanta. An appeal might take another year or it may add a year to a year and a half per level. The case may be at the court of appeals for approximately a year. That case could move along more quickly if the lawyers do all the briefing on time, meet all the deadlines, and do not ask for extensions.
What Happens if the Case is Complex?
When the issues are complex, there may be a longer trial with much to discuss. Even an experienced medical malpractice lawyer may frequently need more time than the normal deadlines and that could add to the time of an appeal.
Working with an Atlanta Medical Malpractice Attorney
The most important thing when someone is looking at appealing a medical malpractice case in Atlanta could be having an attorney who may know how to handle the deadlines. Like the statute of limitations, there is a deadline by which someone must file their notice of appeal, and if they do not file it, they could lose their chance to appeal. There are multiple deadlines throughout the appellate process and the appellate courts are strict about those.
You may need a lawyer who could know the appellate courts are there to fix errors. They could be interested in clarifying the law and making sure that the court considers cases that are important not just to the person but to others in similar positions. By contacting a passionate medical malpractice attorney who could go the extra mile, you could help to strengthen your appeals case.
