Appealing a Bariatric Surgery Malpractice Case in Atlanta
If you believe a legal error negatively affected your bariatric medical malpractice case, you may have the option to appeal. However, it is crucial to note that you cannot appeal the court’s decision simply because you are unhappy with the outcome of your trial.
Appealing a bariatric surgery malpractice case in Atlanta can be difficult if you are not familiar with the legal system. If you are considering an appeal, it would be in your best interest to hire a skilled bariatric surgery lawyer.
What Are Some Valid Reasons to Challenge a Verdict?
During a trial, there are many evidentiary issues, in which the judge decides what evidence the jury can and cannot hear. An individual may appeal a case by challenging one of those rulings.
Additionally, the court’s decisions regarding the admissibility of expert witness testimony may lead to an appeal. In many cases, the opposing party tries to get the other side’s expert witness thrown out. The improper exclusion of an expert witness can have a significant impact on the patient’s case.
There may also be errors in the deliberation process. Before the jury deliberates, the court instructs the jury on the laws applicable to the case. If that instruction is inadequate or is not in accordance with the law, the injured party may have an opportunity to challenge an appeal in the bariatric surgery malpractice case.
Understanding the Appeals Process in Atlanta
The first step in the appeals process for a bariatric surgery case is thoroughly reviewing the record to determine whether there is grounds for an appeal. Lawyers must also make sure the issues from the trial were adequately preserved. In order to raise an issue in an appeal, the party must have objected to the court ruling or decision during the initial trial and there had to be a ruling by the court.
Next, the individual must file a document with the trial court to give notice of his or her intent to appeal. The case then goes to the Georgia Court of Appeals, where it is docketed. At this point, both parties can file written submissions. In some cases, the opposing parties may have the opportunity to argue their positions before the court, after which the Court of Appeals reaches a decision.
The side that loses the appeal has the option to ask the Georgia Supreme Court to review the case. The Supreme Court may choose not to examine it, in which case the Court of Appeals’ decision governs the claim.
However, if the Georgia Supreme Court agrees to review the case, both parties will have the opportunity to file written submissions and argue the issue to the Georgia Supreme Court. Then the court will make its decision.
Factors That Influence the Length of an Appeal for a Bariatric Surgery Malpractice Case
Every case is different, but it often takes an additional one or two years to appeal a court ruling. However, the length of time it takes to appeal can vary depending on several factors.
For example, the trial court clerk must prepare the case record to send it to the appellate court. This process can be longer or shorter, depending on the size of the case.
Additionally, if there are multiple parties involved in the claim, that may increase the length of time needed for an appeal. During bariatric surgery, there are many medical providers working on the procedure, so multiple parties may be at fault.
The complexity of the issues presented in a weight-loss surgery malpractice case may also influence the length of an appeal. When the case is more challenging, the appellate courts may need additional time to reach their decision. Lastly, if the Georgia Supreme Court agrees to review the case, that will impact the length of an appeal as well.
How Might Challenging a Court Ruling Impact the Amount of Damages the Patient Receives?
If an injured bariatric patient loses the malpractice case at trial, he or she will not receive compensation. However, upon a successful appeal, the patient could retry the case and receive a damages award.
Conversely, if the injured party wins the initial trial, the defense could successfully appeal the case, resulting in the original verdict being overturned. A dedicated bariatric surgery error lawyer could help injured parties fight for the most favorable outcome in the appellate court.
An Attorney Could Assist with Appealing a Bariatric Surgery Malpractice Case in Atlanta
If you believe there were errors in your trial that led to an unsatisfactory outcome, you have the right to raise those issues. An experienced attorney could guide you through the process of appealing a bariatric surgery malpractice case in Atlanta.
Our team of attorneys could work together to timely file the appellate document, prepare the written materials, and effectively argue the case before the appellate court. Contact our firm to schedule a free case review with a legal professional.
