Dacon v. Transue

"[T]his is a medical malpractice action relating to the failure to administer chloramphenicol to Plaintiff’s Minor, who was suffering from meningitis.”1 This appeal concerns whether the trial court abused its discretion by excluding the theory, first raised by plaintiff on *319the third day of trial, that defendants should also be liable for delaying the initial administration of antibiotics to Ericca. Because plaintiff neither pleaded this theory nor justified amending his pleadings to include it, we decide that the trial court did not abuse its discretion and affirm.

i

In April, 1974, nine months…