What is the process for appealing a medical device injury case?

In Pennsylvania, the process for appealing a medical device injury case is similar to that of a standard civil lawsuit. If you believe your case was handled incorrectly, you have the right to appeal the decision to a higher court. The first step is to file a Notice of Appeal with the court that presided over your case. This document will explain the legal basis for your appeal and cite the legal authority that applies. Next, you will be responsible for filing a brief with the higher court outlining why your case should be heard. Your brief must include a summary of the facts of the case and the legal argument supporting your position. Once your brief has been submitted, the higher court will decide whether or not they will hear your argument. If they agree to hear your appeal, the court will set a date for an oral argument and will provide you with a copy of the lower court’s decision. At the oral argument, each side will have an opportunity to present their legal argument before the higher court. The higher court will then issue a written opinion either upholding the lower court’s decision or overturning it. If the higher court overturns the lower court ruling, the case will be sent back down to the original court. The original court can then decide whether to retry the case using the guidance of the higher court’s opinion.

Related FAQs

What is the process for appealing a medical device injury case?

Related FAQs

Related Blog Posts