*1 the terms of his sentence. Pa.R.App.P. 1763. The lower court on remand has no authority judg- alter the ment of sentence where the appellate court has not. Appel- lant’s desire to be relieved of present- incarceration must be ed to the Pennsylvania Board of Parole. See (Supp.1978-79). 331.17

405 A.2d 524 TAGLIERI, Guy Administratrix of the Estate of Taglieri, M. Deceased CO., INC., Corporation, LOGANSPORT MACHINE an Indiana Welch, Individual, Welch, Individual, James M. an James J. an Welch, and James M. Welch and James J.

Equipment Company, Partnership BOICE, D., McKeesport Hospital G. Newton M. and Braddock Hospital, Appellants.

Argued April 1979. May Decided 1979. *2 Israel, for Braddock Gen- Pittsburgh, appellant, F. James eral Hospital. Pittsburgh, Hospital.

J. McKeesport for Jeffrey, appellant, Newton Kiger, appellant, W. for G. Pittsburgh, Jerome Boice, M. D. for Berger, appellee, Tagli-

Daniel M. Pittsburgh, eri, Admnx. etc. for Ma- Logansport

John K. Heisey, Pittsburgh, appellee, Co., Inc. chine filed for Welch appellees

No entered nor brief appearance Equipment Company. CERCONE, WIEAND Judge, Before President HOFFMAN, JJ.

PER CURIAM: This a wrongful is death and survival action filed plaintiff’s complaint alleges decedent. The liabil- products ity for defective manufacture of a Logansport machine fell which on decedent’s left and foot while he leg was it at work. Decedent was treated at operating McKees- Dr. G. Newton Boice and released the port Hospital by same later, Three weeks at Braddock day. physicians decedent’s left toe. Eleven Hospital amputated great days later he died at Braddock of a massive embolism. pulmonary A year later filed this lawsuit against Logansport in common court and a claim pleas against Dr. Boice and the in the hospitals Arbitration Panels for Health Care to the Health pursuant Act, Care Services and Malpractice 1301.101et seq. thereafter Dr. Logansport joined Boice and the two hospitals as additional defendants in *3 common pleas, claiming on the basis of the indemnity plain- tiff’s claim before the Panel. The below court dismissed the additional defendants’ objections to preliminary joinder. This appeal followed. held, we have recently when an defendant who

As is neither a nor his patient representative a medical brings malpractice claim a against provider health care as an defendant, additional the court of common pleas maintains over the jurisdiction whole civil action. Staub Southwest District, Butler County School 263 398 Pa.Super. A.2d 204 The (1979). filed, fact that plaintiff simultaneously now has pending, the malpractice before Panel the additional defendants does deprive not the court of common pleas jurisdiction. of its

HOFFMAN, J., files a concurring opinion.

HOFFMAN, Judge: I concur for the reasons stated in my Concurring Opinion in Staub v. Butler District, Southwest 263 County School 413, 421, Pa.Super. (1979). 398 A.2d 208 I also note that before the Arbitration has filed a claim because be claim will now Panel, malpractice pressed the A greater two different forums. in different claimants resources cannot be imagined. and medical judicial waste of Panels, I then wedded the Arbitration we are to remain If to amend the Health Care Legislature to the my call repeat of that all claims require Act and Malpractice Services a Panel. must be tried before malpractice medical A.2d Pennsylvania of COMMONWEALTH PEDANO, Appellant. Stephen 22, 1978. Argued March 1, 1979. Decided June