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Appealing unfavorable judgements in medical malpractice lawsuits

Sometimes an injury is a direct result of another person’s negligence. When it comes to medical malpractice, it is important to hold the healthcare professional or larger healthcare affiliation responsible for the injury.

It can amaze a person just how many ways medical injuries can occur. Whether a person suffers unnecessary injury due to misdiagnosis, a botched procedure or even due to a paperwork error or equipment or medical device malfunction, the possibilities are terrifying and endless. Seeking damages for the injuries suffered is only right. If a person’s lawsuit does not go well at the trial level, the injured person can appeal the decision.

Appeals courts are different from the initial trial court, as you are appealing a decision that has already been made by a lower court. Appellate courts have jurisdiction over the previous trial court’s decision. However, keep in mind that winning at the appellate court could mean facing an appeal to the highest court in the state. The court may decide to hear or not hear the case and, from there, the final decision will be made.

It’s true that a medical malpractice lawsuit can be a difficult process. This process could span multiple courts and have multiple decisions before the final decision is made. The appellate courts are in place to ensure that a decision isn’t made in error. It gives those who believe they have been handed a decision in error a legal recourse, which may ultimately lead to a court award for damages.

Source: litigation.findlaw.com, “Appealing a Court Decision or Judgement,” Accessed October 30, 2017