Appealing a Medical Malpractice Verdict in Atlanta
When healthcare professionals fail to provide the standard of care expected in their field and cause harm to patients, they are guilty of medical malpractice. A medical professional who commits medical malpractice can be held liable. You can file a malpractice case against a negligent medical professional and seek justice and compensation. If your case proceeds to trial and you receive an unfair verdict, you can choose to appeal the trial court’s decision. However, appealing a medical malpractice case is a complex process. More nuance and more levels could be involved in the appeal process, so it is crucial that you work with a skilled attorney.
Grounds for Appealing a Medical Malpractice Verdict
In Atlanta, you cannot appeal a medical malpractice verdict simply because you are dissatisfied with the jury’s decision. You must have a valid reason for appealing the verdict. The following are some of the common grounds for appealing a medical malpractice verdict;
- Legal Errors: For example, if there was an error in the interpretation of the law or a mistake in jury instructions, you may have a basis for appealing your medical malpractice verdict.
- Procedural mistakes: Procedural issues include, among others, the admission of evidence that should have been excluded or the exclusion of evidence that should have been admitted.
- Misconduct: Juror misconduct may be a valid reason for appealing your medical malpractice verdict. For example, if a jury member researched your case outside the courtroom or failed to follow jury instructions, you may be able to appeal your case.
A qualified medical malpractice attorney can assess your case and help you determine if you have a valid reason for appealing.
Steps for Appealing a Medical Malpractice Verdict in Atlanta
The first step to appealing a medical malpractice verdict in Atlanta is determining whether there is a valid ground for appealing. A qualified attorney will study the trial court transcript to determine whether there is a viable basis for appeal. Your attorney will then ensure that the deadlines for filing a notice of appeal and related briefs are satisfied.
If the Georgia Court of Appeals renders a decision that fails to correct any mistakes made in the trial court, your attorney can file a petition for a writ of certiorari with the Georgia Supreme Court. A petition for a writ of certiorari is a request that the Supreme Court review the decision of the Court of Appeals. The Supreme Court has discretion in deciding which cases to review. If the Georgia Supreme Court reviews your case and issues a decision, the decision is binding and marks the end of the appellate process.
Contact an Atlanta Medical Malpractice Attorney
Contact our skilled Atlanta medical malpractice attorney at Carroll Law Firm for legal guidance on medical malpractice cases and related appeals.
