Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
In a medical malpractice case, the goal is usually to achieve a positive outcome. However, sometimes the court may rule in the defendant’s favor, denying a person the access to the justice they deserve. That being said, if you have lost your medical malpractice case, you do not have to accept that verdict at face value. If you are considering appealing a medical malpractice case in Toledo, consult an experienced medical malpractice attorney. The lawyer can examine the evidence and information, evaluate your previous case, and could attempt to help you move forward with your appeal.
If someone was interested in appealing a medical malpractice case in Toledo, one would go to the Court of Appeals, located in the Sixth District Court of Appeal. They would then file a notice of appeal, and then that person would file a written brief that explains what errors they believe the trial court made. Then they would have a right to orally argue that appeal in the court of appeals.
The Court of Appeals could do a number of things. They could affirm the verdict, which means whatever happened in the trial court stays the same. They could reverse the verdict in which case the trial court verdict is no longer valid and sent back to the trial court either to retry the case or to do something with the case based on the instructions from the Court of Appeals. Those would be the options that would happen with a decision by the Court of Appeals.
An individual can typically appeal the case to the Court of Appeals on that specific issue once. However, if it goes back down to the trial court and the trial court does something new, it can be appealed again. Also, if it is appealed to the trial court and the decision is not liked by one side or the other, it can be appealed to the Supreme Court of Ohio.
Typically, the Supreme Court will only take on a case to hear in a very small amount of circumstances. One circumstance would be if the decision was in conflict with holdings of other Court of Appeals in the State of Ohio. The only other way to get to the Supreme Court is if the Supreme Court Justices determine that one’s case is of special interest.
The amount of time it takes to appeal a case depends on how many times the case is appealed and how long the court of appeals takes to decide a case. Sometimes it could be three months, sometimes it could be a year. It depends on the unique circumstances of the case and how fast, slow, or busy the court of appeals of the Supreme Court is. If the appeal is lost, the trial court decision is affirmed. The case is over unless there is an appeal taken to the Ohio Supreme Court and the Ohio Supreme Court decides to take the case.
Appealing a medical malpractice case in Toledo is difficult to do alone which is why it is important to work with a skilled medical malpractice lawyer. Attorneys could work with you and evaluate the issues, explain the time constraints to file the appeal if there is a mutual agreement, file the brief to the appeal, and argue the appeal at the Court of Appeals. Consult an experienced legal advocate today and know that you are in good hands.
Charles E. Boyk Law Offices, LLC