Is decision to dismiss the medical malpractice case appealable?

Business 7 views 4 answers
The decision was made by the judge . There is nothing had been filed with the clerk. There is determination in the transcript. The facts of the case never made it to a Jury,such as conflicting testimonies of the parties and other facts. The timely disclosed treating doctor was precluded from testimony on the damages and its connection to misinformed consent, My disability papers were precluded. I was insulted by the defense first that my case is an ambush trial and the Judge sided with the defense calling me a good gamer and allowed my disability to be called a spectacle. I was precluded by the Judge from showing the deposition records that the defendant is a lier(inconsistent statements through out sworn testimony).The defense was allowed to preclude the important evidence in the records that would make the Jury understand the negligence and much more.. I want to appeal to let the case go to the Jury. Is it true that the time starts running from the day of decision was made during the last day of trial on the transcript record ? Its been more than a week from the last entry in the transcript record that the case was dismissed. Which paper is presentable to the appeal division?

Attorney Answers

4
Fred Isquith ·
The time starts to run when the dismissal is entered in the docket....however, I would not rely on that alone and conservatively start the 30 days from the date of the judge's statement on the record.
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Fred Isquith ·
Duplicate question handled earlier today
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Eric Rothstein ·
You can appeal but i may be expensive to purchase the trial transcripts. Your time to serve a Notice of Appeal (the first step) starts to run when the defense serves a Judgment with Notice of Entry on you. They could also serve an Order With Notice of Entry - the Judge would have to sign the part of the transcript dismissing the case.
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Angel Castro ·
An order dismissing a case is appealable. If you are in a New York State Court, you must file a Notice of Appeal in the court that made the order within thirty (30) days of the order being entered to preserve your ability to appeal. Federal courts have a different timeline (two weeks). To be safe, I would measure time from the date on the actual order or of the transcript of the order. Attorneys fees are not the only expense when it comes to appeals. When you appeal, you must print the full record of the case or an appendix with the documents relevant to the order being appealed (unless you are allowed to proceed on the original record). The cost of this alone is about $3.50 - $5.50 per page in the record or appendix. Many lawyers outsource the printing to appellate services providers that charge in full upfront. It would be my recommendation to consult with an appeals lawyer soon, a good appellate practice attorney can review the case and give you a better idea of whether the appeal is worth pursuing.
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