How to Appeal a Medical Malpractice Case
A medical malpractice case represents one of the most complicated and challenging types of all legal proceedings. Consequently, many decisions in medical malpractice cases end up on appeal. A person involved in a medical malpractice case needs to be prepared for the prospect of mounting an appeal.
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Things You'll Need
- Final, file stamped order of trial court Notice of appeal Docketing statement Transcript of trial proceedings Appellate's brief Appellate's reply brief Copy of rules of appellate procedure
Instructions
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File a notice of appeal for your medical malpractice case. You need to be 100 percent certain you file the notice of appeal within the time set forth by law. This varies depending on which jurisdiction the case is pending. If you fail to file the notice of appeal in a timely manner, you will be prevented from appealing your case. Do not make the common mistake of filing the notice of appeal with the appellate court. A notice of appeal is filed with the clerk of the trial court--giving that court notice of your intend to appeal the decision or order.
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Prepare a docketing statement. The docketing statement is a standard form prepared by the appellate court for all cases, including medical malpractice. Think of it as something of a questionnaire. Through this document you provide the appellate court with a summary of your case, an outline of your position. File docketing statement with appellate court.
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Order transcript of proceedings. You may not need to order all of the transcripts from all of the proceedings before the trial court. You only need those sections of the transcripts that will play a role in your appeal, that you will reference in your brief.
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Post deposit for costs of transcript. The costs for having the proceedings of the trial court transcribed can be expensive, depending on how much information you require. You will need to post a deposit in advance of the court reporter beginning the process of preparing the transcripts to cover these costs.
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Prepare and file appellate brief. The brief needs to summarize the relevant facts of the case and set forth your legal arguments. The brief is the vehicle you utilize to make your point to the appellate court that the trial court should have made a different decision in your medical malpractice case. Make sure you file your brief with the appellate court in a timely manner. There are specific rules pertaining to how a brief is to be written. You must familiarize yourself with these rules.
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Review and respond to appellee's brief. When you receive the appellee's brief, you need to study it closely. You also have the option (if you believe it is necessary) to file a brief in response to appellee's.
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Prepare for and present oral arguments. The last stage of the appeals process in a medical malpractice case are the oral arguments. Keep in mind you can present no new evidence at oral arguments. You merely will be reiterating the facts and legal points presented in your brief. You also will be subjected to questioning by the appellate court. (Keep in mind that more than one judge presides at an appellate hearing; thus, you will be facing a panel of judges during oral arguments.)
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Tips & Warnings
Undertaking a medical malpractice appeal is a complicated task. Indeed, only a fraction of attorneys in practice today professionally handle medical malpractice appeals. Therefore, if you have a medical malpractice case that should be appealed, you must seriously consider engaging the services of an experienced and highly qualified medical malpractice appellate attorney.
