Robbins v. Jordan

181 F.2d 793 (1950)


Robbins (P) was under the care of Jordan (D). D failed to take measurements of P at the proper time, and as a result, a normal birth was attempted when it would have been proper to have a C section. P sued D for malpractice. During trial the trial court refused P the opportunity to amend its complaint in order to introduce evidence to the effect that D held himself out as a specialist in obstetrics. The general pleading stated that D was a licensed practicing physician. The trial judge held that that allegation was not broad enough to permit proof that D had represented himself as an obstetrician. The verdict was directed to D, and P appealed.