Carol Jones, as Personal Representative of the Estate of Jon W. Jones, Deceased v. Harold W. Griffith, M.D.
Court of Appeals for the Seventh Circuit
1Opinion of the Court
POSNER, Circuit Judge.
Dr. Harold Griffith, the potential defendant in a prospective malpractice case, appeals from a “preliminary determination” made by a federal district court under the Indiana Medical Malpractice Act (Ind.Code §§ 16-9.5-1-1 et seq.). See 688 F.Supp. 446 (N.D.Ind.1988). Preliminary determinations (as the name implies) ordinarily lack finality, and so are not appealable in the federal judicial system. But we shall see that under the Malpractice Act the preliminary determination is the last order made by the trial court in the proceeding before it (a proceeding to obtain a…
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