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Civil Procedure Keyed to Field
Robbins v. Jordan
Citation:
181 F.2d 793 (D.C. Cir. 1950)Facts
The plaintiffs, Mr. and Mrs. Robbins, brought a medical malpractice action against Dr. Jordan, alleging that he negligently failed to take pelvic measurements of Mrs. Robbins at the proper time during her pregnancy. The plaintiffs claimed that timely measurements would have indicated to a practitioner of average skill and knowledge that a Caesarean operation was necessary rather than attempting a normal birth. The original complaint alleged that Dr. Jordan was a duly licensed physician holding himself out as a practicing physician and doctor of medicine qualified in the treatment of disorders and diseases of women. During trial, the plaintiffs sought to introduce evidence that Dr. Jordan specifically held himself out as a specialist in obstetrics, which would subject him to a higher standard of care. The trial court ruled that the complaint’s allegations were insufficient to permit such proof and denied the plaintiffs’ motion to amend the complaint. The court then directed a verdict in favor of Dr. Jordan at the close of the plaintiffs’ case.
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