California Medical Malpractice Appeals Lawyers Who Defend Clients at Every Stage of the Legal Process
Making sure justice is truly served
An appeal allows a party to request reexamination of a decision made at the trial level or at a lower appellate court. An appeal is not a new trial, and the appellate court is not authorized to consider new evidence. However, the appellate process acts as a check-and-balance to the trial proceedings so that mistakes can be corrected and justice can be served.
The Los Angeles-based law firm of Davis, Grass, Goldstein & Finlay concentrates exclusively on medical malpractice defense. Because this area of law is all we practice, we have the depth of knowledge to reach the best possible outcomes for hospitals, physicians and other healthcare providers who are fighting negligence claims in the California courts. Our effective litigation team employs aggressive defense strategies on your behalf, and we always take steps to protect your options during trial in case the judge makes an improper ruling.
Grounds for appeal
Not all unfavorable rulings justify an appeal. You must base your argument on either of the following grounds when appealing a decision:
- Prejudicial error — A mistake concerning the law or court procedures that causes substantial harm to the appellant may include a judge’s mistake about a law, incorrect jury instructions, and lawyers’ or jurors’ errors or misconduct.
- No substantial evidence — No substantial evidence reasonably supported the trial court's decision.
The appellate process
Filing an appeal is a complex process that must be executed exactly right or the court will refuse to consider the appellate argument. First, you must file your appeal by the deadline, so it is crucial that you retain legal counsel as soon as a questionable trial verdict is rendered. When Davis Grass handles your initial trial, our litigation lawyers preserve issues for appeal throughout your case and advise you of your appellate options as a matter of course. Our appellate attorneys then take decisive, prompt steps according to the strict procedural rules, which include the following:
- Filing a notice of appeal by the deadline
- Preparing your record for appeal, which includes readying the clerk’s and the court reporter’s transcripts
- Preparing the Civil Case Information Statement and Certificate of Interested Entities or Persons
- Briefing the case, which involves developing a persuasive argument, backed by facts, that describes how the trial court acted incorrectly
- Submitting a reply brief in response to arguments made in the respondent’s brief
- Presenting oral arguments to the judge’s panel
Appeal an unjust medical malpractice trial ruling
Let Davis, Grass, Goldstein & Finlay help you appeal an unfair medical malpractice decision. Call our firm at 909.476.2662 or contact us online to schedule a consultation with our experienced lawyers. Located near the intersection of I-10 and I-15 and close to the Ontario International Airport, our Los Angeles-area attorneys handle appeals in Riverside and San Bernardino counties and throughout California.