ROBBINS V. JORDAN
181 F.2d 793 (1950)
NATURE OF THE CASE: This was an appeal from a directed verdict.
FACTS: 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
license 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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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