Receiving an unfavorable outcome in your medical malpractice lawsuit can be devastating. If you are questioning the fairness of the decision, you have options to pursue further legal review through an appeal or other post-trial motions.
The appeals process allows you to challenge a decision in a higher court. However, appellate litigation is a highly technical and demanding area of law that requires a distinct skill set and knowledge.
Successfully appealing a medical malpractice case in Chicago requires a strategic approach. Our diligent medical malpractice attorneys typically conduct a meticulous review of the trial record and craft persuasive legal arguments. Our experienced team at Kaveny Sarmas Injury Lawyers can evaluate your case and determine the strongest legal grounds for an appeal.
Grounds for Appealing a Medical Malpractice Decision
In Chicago medical malpractice lawsuits, common grounds for appeal include:
Evidentiary Rulings
A judge’s decision to improperly admit irrelevant information or exclude key pieces of evidence can be a valid reason to challenge the decision.
Incorrect Jury Instructions
When a judge provides inaccurate or misleading instructions, jurors can misinterpret legal standards or misapply the law to evidence, potentially resulting in an improper verdict and providing a basis for an appeal.
Misconduct
Claims of juror, judicial, or opposing counsel misconduct that compromise the fairness of a trial are common appellate arguments.
Errors of Law
A judge misinterpreting a statute or misapplying legal precedent can form a strong basis for an appeal
Our attorneys will conduct an exhaustive review of every aspect of your trial—from pre-trial motions to the final verdict—to identify any reversible errors. A successful medical malpractice appeal requires evidence of specific legal failures.
What Is the Appellate Process?
The process for challenging a medical malpractice verdict in Chicago involves strict adherence to certain procedures and deadlines, most critically the requirement to file a Notice of Appeal within 30 days of the final judgment. Missing this deadline will almost certainly result in forfeiting your right to appeal.
Once we file this notice, we compile the record on appeal. This includes all testimony transcripts, evidence, filed motions, and court orders from the initial trial.
Our legal team will then draft a detailed appellate brief, a crucial element of your appeal. It contains the facts of the case, details of legal errors in the trial court ruling, carefully constructed legal arguments, case precedents, and other supporting evidence to justify overturning the lower court’s decision. The opposing side typically files a response brief, giving us an opportunity to submit a reply brief. In some cases, the appellate court will schedule an oral argument where we can present your case directly to a panel of judges.
Contact Our Experienced Trial Lawyers in Chicago To Appeal a Medical Malpractice Lawsuit
If you received an unjust result in your medical malpractice case, pursuing justice through the appellate process is typically an available course of action. By seeking legal counsel, you can gain a clear understanding of your options and whether challenging the verdict is the right step for you.
Our team at Kaveny Sarmas Injury Lawyers is here to provide the experienced guidance you need when appealing a medical malpractice case in Chicago. Contact us today to schedule a comprehensive case evaluation where we will help you explore every legal recourse.
