Appealing a medical malpractice case in Charlottesville is a complicated legal matter that can play a critical role in your recovery. If you sustained injuries from a medical practitioner’s professional negligence, obtaining the compensation you deserve is important to your future.

The experienced medical malpractice attorneys at MichieHamlett PLLC appreciate how difficult your situation is. We are well-positioned to help guide you through the appeals process toward a favorable resolution that honors your legal rights.

What Cases Are Most Likely To Be Successfully Appealed?

The types of cases in Charlottesville that tend to support successful medical malpractice appeals are those that involve very serious injuries, complex medical evidence, or conflicting professional testimony. Examples of the kinds of injuries that are most closely associated with effective appeals include:

  • Paralysis
  • Limb loss
  • Nerve damage
  • Loss of vision
  • Loss of hearing
  • Damage to muscles, tendons, or ligaments
  • Disfiguring scars from cuts or burns on or near the face
  • Loss of mental functioning, such as from a severe traumatic brain injury

If you suffered serious injuries from medical malpractice and did not receive fair compensation at trial, consult a medical malpractice appeals lawyer as soon as possible.

The Appeals Process

Medical malpractice claims are difficult to navigate, and when denied, claimants do not usually feel optimistic about their chances on appeal. This is only natural, but having skilled legal representation backing you up can make all the difference in terms of outcome.

Recognizing It Is Not a New Case

In an appeal, the evidence that supported your original case will remain the same. This means that you are not building a new case. Instead, you are attempting to demonstrate that the trial court made a legal error in the original case.

Identifying an Error Made by the Trial Court

The goal in a medical malpractice appeal is to highlight an error made by the judge during trial. The kinds of errors often addressed in effective medical malpractice appeals include:

  • A misinterpretation of the relevant laws
  • Improper court procedure, such as not following the rules of evidence or civil procedure
  • An incorrect ruling made regarding an objection during the trial
  • Incorrect jury instructions
  • An expert witness who lacked qualifications to testify
  • An incorrect ruling made regarding a legal motion

Taking the Right Steps Forward

Strict rules apply to the appeals process, and this includes a very brief time frame for filing the appeal post-trial. Since one error can prevent an appeal, you should seek professional legal counsel as soon as possible. Your attorney files the notice of appeal and submits the appellate briefs. From that point, you will have to await the Charlottesville appellate court’s decision for your medical negligence appeal.

It is important to keep in mind that an appeal is not a trial with witnesses, the way the medical malpractice case was. Instead, your legal team submits a legal brief that bolsters your position about an error made during trial. The insurance company representing the medical professional charged with malpractice will do the same.

This leads to the appellate court reviewing the appellate record to confirm or deny the error claimed. If the appeal is strong and convincing, it can lead to a new trial.

Contact an Experienced Charlottesville Medical Malpractice Appeals Lawyer Today

Appealing a medical malpractice case in Charlottesville is never easy. However, if the trial court made an error and infringed upon your rights, the matter is too important to ignore. The experienced medical malpractice appeals attorneys at MichieHamlett PLLC have an impressive record helping clients like you prevail with beneficial appeals, and we are here for you, too. For more information about what we could do to help, please contact us online or give us a call today.