181 F.2d 793 (1950)
Plaintiffs alleged that the health care provider failed to take pelvic measurements before the birth of plaintiffs' child. Plaintiffs contended that timely measurements would have indicated to a practitioner of average skill and knowledge in that locality that a Cesarean operation was necessary. The district court directed a verdict at the close of plaintiffs' malpractice case.
- On appeal, the court reversed and remanded the case.
- The court determined that the district court erred by failing to allow plaintiffs to amend their complaint to allege that the heath care provider held himself out as an obstetrician.
- Under Fed. R. Civ. P. 15(b), amendments were permitted with great liberality.
- The district court erred by denying the motion, despite the fact that the health care provider would have been prejudiced by the amendment.
- The district court should have allowed a continuance to allow the health care provider's attorney time to prepare for the new theory of the case.
The court reversed the directed verdict entered in favor of the health care provider at the close of plaintiffs' malpractice action. The case was remanded to the district court.
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