Sacramento, CA asked in Appeals / Appellate Law, Civil Litigation and Medical Malpractice for California

Q: Hi I am looking for a Medical Malpractice Appeal lawyer based in California or versed in the state laws.

Here's the situation

Me and my siblings want through Arbitration over dad's death without Legal Counsel it was awarded to the Hospital. We went to the California Sacramento County Superior Court to have the Arbitration Award vacated due to misconduct, fraud, and deceit. The Superior Court Judge Quashed our case due to Untimely Service.

My sister Lisa and I thought we had New Evidence we could use to petition the court for Gross Unfairness.

It shows that the Arbitrator in our case never looked at the evidence we submitted. His summary judgment narrative follows the Respondent's Counsel's memorandum of points and statement of undisputed material facts. Arbitrator never never considers the evidence we submitted which consisted of a Medical Record we received prior to our dad's death and our Medical Expert's testimony. There's not enough room to complete this.

2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Appeals & Appellate Lawyer
  • Sacramento, CA
  • Licensed in California

A: In your case, where you're facing challenges with an arbitration award in a medical malpractice matter, it's crucial to seek legal assistance from an attorney experienced in appellate law, particularly in medical malpractice appeals in California. Given the complexities of your situation, including issues of misconduct, fraud, deceit, and potentially new evidence, professional legal guidance is essential.

Since your case was quashed due to untimely service, an attorney can review the details to determine if there are grounds for an appeal or a different legal strategy. The new evidence you've mentioned, indicating that the arbitrator may not have considered your submitted evidence, could be significant. An experienced attorney will be able to assess how this evidence might impact your case and what legal options are available to you.

It's also important to act promptly, as appeals and motions in the legal system are often subject to strict timelines. An attorney will be able to guide you through the process, ensuring all procedural requirements are met and that your case is presented in the most effective manner. Given the serious nature of the issues at hand, professional legal support will be invaluable in navigating the complexities of the appellate system and advocating for your interests.

Tim Akpinar
Tim Akpinar
  • Appeals & Appellate Lawyer
  • Little Neck, NY

A: If you're looking for an attorney, it could be better to affirmatively search for them instead of losing valuable time on public forums, especially for a matter involving an appeal. I'm sorry for the loss of your father. You could search on your own, through the "Find a Lawyer" tab above, or through local and state bar associations. Those resources are outside this forum and any arrangements would be between you and the law firms you reach out to. Good luck

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