Filing a medical malpractice claim related to cervical cancer and going through the settlement and trial process can be incredibly intimidating. Your current medical records, your past medical records and social history, and even your relationships may be an open book for all involved in the case. Going through all this and a trial only to have the verdict delivered in favor of the defendant can be devastating.
Fortunately, Florida residents have the legal right of appealing a West Palm Beach cervical cancer case. A compassionate and diligent malpractice lawyer could review the factors surrounding the court’s initial verdict and work tirelessly to help you appeal your case.
The Importance of Meeting Deadlines
Just as the state provides a set time limit to file a cervical cancer medical malpractice case, appealing the decision also comes with a deadline. As per Florida Rules of Appellate Procedure 9.040, an appeal is permitted when a final judgment has been entered at the trial court level. If one of the parties wishes to appeal the lower court’s decision, they must do so within 30 days of the judgment being entered, according to Fla. R. App. P. 9.100.
Reasons to Appeal
Medical malpractice claims, including those involving cervical cancer, generally must have merit. Appealing a claim’s verdict must also have a valid reason behind it, with the general idea being that there was a trial court error. Appealing a cervical cancer case in West Palm Beach mostly involves disputing how the court came to its decision and not the decision itself.
The party requesting the appeal is essentially asking for the higher court to rule on whether the lower court followed the appropriate laws and procedures when determining the initial verdict. If the higher court believes that the lower court did not follow laws and procedures correctly, they can overturn or amend their ruling.
Common substantial reasons for appealing a West Palm Beach cervical cancer case usually include:
- Jury issue
- Insufficient evidence regarding the verdict
- Insufficient evidence regarding the damages
- Request for a post-trial award adjustment
- Fees, costs, or sanctions
- Procedural of jurisdictional issues
- Inconsistency with the verdict or the judgment
- Malpractice of an attorney
Plaintiffs who believe that the lower court made an error when determining the verdict should speak to their skilled attorney to find out if their case has legal merit for an appeal.
Upholding Appeal Rights in West Palm Beach Cervical Cancer Cases
The decision to appeal a cervical cancer case is not one that should be taken lightly. Careful consideration will need to be given to this decision during the 30-day deadline provided by Florida law.
You may want to consider how much more time and effort will need to be put forth if an appeal is filed or how forgoing your right to an appeal could impact your life. If you would like to know more about appealing a West Palm Beach cervical cancer case, call today to schedule an appointment and further discuss your legal options.
Speak to a member of our team today.