Filing a claim for medical malpractice in New York can be a contentious process. You may find yourself needing to file an appeal against a judgment you are unable to accept. If this is the case, you will need to perfect your appeal. The steps that you need to take to do so can be outlined in the following manner.
Take the steps to perfect your appeal
There are special rules for perfecting an appeal on a medical malpractice ruling. These will apply unless specially modified by a statute, rule, or court order. The process begins by filing five copies of your original record or appendix and five copies of your brief. You also need to provide all exhibits as well as proof of service of both the record and all briefs involved.
Once all necessary records and briefs are filed, you will then pay a filing fee of $315. There is no filing fee required if the appeal you are aiming to perfect is in regard to a criminal matter. Copies of all prior orders of the court that can affect the outcome of your appeal should also be filed with your record.
There is a strict time limit to file
You should note that there will be a very strict statute of limitations that governs the amount of time you have to file your appeal. Unless the court has specifically ruled otherwise, the civil appeal you have filed must be perfected within the space of six months.
The deadline for briefs is somewhat different. Briefs filed by the respondent will be due 30 days after the receipt of briefs filed by the appellant. All briefs that are filed in reply must be received 10 days after service of all briefs filed by the respondent.