This section contains the nature of the case and procedural background.

Brune (P) had a child under the care of Belinkoff (D). During childbirth, D gave P an 8mg dosage of pontocaine. Eleven hours later, P tried to get out of bed. P slipped and fell, suffering serious injuries. P sued for malpractice, claiming D should have only have given her 5mg of pontocaine. D claimed that the difference in dosage compared with other places, such as New York and Boston, was because they use different obstetrical procedures in New Bedford. The dosage administered by D was the amount customary in New Bedford. The trial court ruled for D. P excepted to her jury instruction not being entered and for one of the D's instructions.

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