dissenting:
It seems to me that in the interest of judicial economy we should not so hastily invoke the “improvidently granted” routine.1 I believe that the questions discussed by the majority are properly before us and may be disposed of, thus greatly aiding the lower court in final disposition, and, of course, relieving this Court and the parties of the time and expense of a second appeal on the same issues.
*47The order of November 22,1974, was a final order. Myers v. Travelers Ins. Co., 353 Pa. 523, 46 A.2d 224 (1946); Scharfman v. Philadelphia Transportation Co., 234 Pa.Super. 563, 340 A.2d 539 (1975). As such, the appeal is untimely, having been taken well beyond the allowable period. The order is final, and the issue is at an end. Appellant may not present any testimony as to damages, nor may that question be raised on appeal. Under this view of the matter, certification is not necessary, and there is no question concerning our jurisdiction to hear the appeal from that order. That portion of the appeal should be quashed.
The order of October 14, 1976, was certified, the appeal was accepted and I see no reason to sweep the matter under the rug by use of the “improvidently granted” routine for later disposition.
Briefly, the facts pleaded by plaintiff allege, in a complaint filed on May 31, 1972, that on November 9, 1971, she went to Columbia Hospital of Pittsburgh as an out-patient. She was complaining of arthritic pain in the area of the upper back and neck. E. C. Krug, III, M.D., was at that time on duty and administered an injection in the back of her neck. In the administration of this injection her spine was penetrated in such a manner so that she suffered allegedly permanent paralysis of both legs and of the left arm. Astra Pharmaceutical Products was joined as additional defendant.
It would seem that appellant would be out of court solely by reason of the exclusion of damage testimony, however, appellant argues that the evidence inherent in the proof of liability that the injection caused paralysis is admissible on the issue of liability, regardless of the effect of the order of November 22,1974, and that the evidence of paralysis resulting from improper medical treatment thus having been admitted, the jury is entitled to award damages without receiving any additional testimony on the damage issue.2 *48The order of October 14, 1976, eliminating the possibility of any expert testimony, puts the final touch to appellant’s chances in the lower court, for without such testimony I cannot see any possibility of evidence of improper medical treatment, an essential ingredient of the appellant’s sole chance of success. Under my view, I think there can be no doubt that the certified question meets the criteria set forth by the Appellate Court Jurisdiction Act, Act of July 31, 1970, P.L. 673, No. 223, Art. V, § 501, 17 P.S. § 211.501(b)
I agree that the order of October 15, 1975, containing the cryptic notation “Discovery to remain open” is not ideally suited to clear interpretation, but under the circumstances here presented, I would give appellant the benefit of its widest interpretation. As such, it is permission to appellant to continue the development of her case by the addition of an expert as to the liability aspect of her case. Further, since the trial has been delayed and the appellees have had the report for some time, the purposes of the local rule, relied upon originally for the striking, have been served. See Coffey v. Faix, 426 Pa. 421, 233 A.2d 229 (1967). I would allow the expert to testify.
I would quash the appeal as untimely as it pertains to the order of November 22, 1974, and reverse as to the order of October 14, 1976, in regard to the striking of the expert’s report.
. The writer of this opinion signed the order of November 29, 1976 granting this appeal.
. I do not see the need of passing on this interesting theory at this time, electing, as does the majority, to at least meet that issue later.