Theodore A. Harris, Father and Next Friend of Patrick Harris, a Minor v. Richard D. Smith

VOGEL, Chief Judge.

Dr. Theodore Harris, appellant herein, instituted this action as father and next friend of Patrick Harris, a minor, alleging that medical treatment and malpractice by Dr. Richard D. Smith, defendant-appellee, was responsible for the amputation of his son Patrick’s right arm. Negligence and malpractice were alleged in the following particulars:

“(a) In failing to administer any antibiotics, or tetanous [sic] toxoid or antitoxin.

“(b) In enclosing the compound fracture in plaster initially in a long arm cast from the elbow into the hand.

“(c) In failing to apply only a half-cast…