Appealing an Atlanta Meningitis Malpractice Case
If a judicial mistake or error caused your meningitis malpractice case in Atlanta to have an unfavorable outcome, you may be able to appeal that ruling and seek a new one. However, losing a case does not automatically mean that there was an error by the court.
Appellate courts are often only likely to overturn cases if there was an error by the trial court that caused harm to the party. If you are interested in appealing an Atlanta meningitis malpractice case, reach out to an attorney today.
How to Prepare for an Appeal
The first step that should be taken when considering appealing a meningitis medical malpractice case in Atlanta, regardless of which stage of the case the parties are in, is determining whether or not there is an appealable error. The appellant should determine if a reversible error was made during trial, or if there was a legitimate error that could be overturned in the event the court dismissed the case or threw it out on summary judgement prior to trial.
Once those determinations have been made, the appealing party should assemble the records that will support her arguments in the appellate courts. Appellate courts can only consider information that is presented to them, so the responsibility of ensuring those courts have all the information they need to make decisions falls on appealing parties and their attorneys.
Those who appeal meningitis medical malpractice cases should ensure that they follow the proper procedures by following the notice of appeal, or by requesting interlocutory appeals or discretionary appeals. Determining when to appeal and the correct vehicle to appeal are difficult decisions controlled by appellate statutes, and should be done by an experienced attorney. Adhering to the standards of the appellate process involves making sure that notices of appeal are filed in a timely fashion, that all deadlines for filing briefs with the court are met, and that the appellate rules are fully followed.
There may be additional steps that are recommended but not required in the appellate process. For example, the opportunity to settle the case may once again present itself during the appeal. While it can be more difficult to settle a case during an appeal, it is a voluntary step that could be taken to help the case.
Will an Appeal Change the Amount of Damages Available?
Appealing a case could change the amount of potential damages, depending on the circumstances. If the trial court dismissed claims that were associated with certain damages and the appellate court agrees with the trial court, those damages could be taken out of the case.
Most parties, though, appeal the dismissal of entire cases or losing verdicts at trials. In either scenario, the appellant may have his or her case reinstated in its entirety by the appeals court with all of its damages, or the appeals court will throw it out along with all of the potential damages.
What Happens After an Appeal Is Made?
If someone’s initial appeal to the Georgia Court of Appeals is unsuccessful, he or she can ask the Georgia Supreme Court to review the case. If the Georgia Supreme Court accepts the case, the appealing party can go through the appeals process again with that court and then, if successful there, the appealing party may be able to proceed with the case in trial court. Depending on how the case went up on appeal, there may be parts of the case that are not thrown out, and the appellant will be able to proceed with those parts of the case. Sometimes a case may be sent back to the
Georgia Court of Appeals to have other issues decided.
However, if the appealing party wins an appeal, the losing party can also take steps to appeal that decision. If the appealing party wins in the Georgia Court of Appeals, the losing party can ask the Georgia Supreme Court to review the case, and if the Georgia Supreme Court accepts, the case can be argued before that court, and a decision would be rendered there.
How an Atlanta Attorney Could Help Appeal a Meningitis Malpractice Claim
Parties appealing meningitis malpractice cases in Atlanta need advocates who understand the law, can find potential errors made by the trial court, and assess the likelihood of success. It is important to have an attorney who has experience with the appellate process, understands the deadlines involved, has access to cutting-edge presentation technology and an in-house doctor, and is a seasoned advocate with these kinds of cases.
Once retained, an experienced malpractice attorney could effectively present your case to the appellate court both in writing and verbally to give you the best chance of winning your appeal. Call today to schedule a free case review and to speak directly to an attorney who takes calls after hours.
