At least one of the doctors visited Fleming daily for the next two weeks and each was satisfied with his progress. In fact, Dr. Freese claimed in a deposition taken in August 1857 that Fleming had stated that, “He was getting along first rate, and that, were it not for the confinement, He would scarcely Know that his thighs were broken–so little pain did he suffer.”

Subscribe Today

• Did you enjoy our article?
• Read more in American History magazine
• Subscribe online and save nearly 40%!!!
 

That changed about 16 days after the accident, when Fleming began to experience severe pain at the “fracture point of the right leg….” When his sister, who had been nursing him since a week after his injury, ran her hand along the fracture, she thought that she “could discover it misplaced.” The doctors, however, believed the leg was mending as it should and merely ordered an increase in morphine for the injured man. A few days later, Dr. Crothers told Fleming that his pain was a symptom of pleurisy, not anything to do with his leg.

Twenty-four days after the fire, Dr. Rogers, who had been out of town for some time, visited Fleming and removed the bandages. The doctor remarked, according to Miss Fleming, that the legs “were crooked as Ram’s horns.” Rogers sent for the other doctors, and the three measured Fleming’s legs, one of which was found to be almost an inch shorter than the other. They re-dressed the legs, this time changing the arrangement of the splints.

Eight days later, the trio again removed the bandages and found, Dr. Freese stated, “the left one doing well–but the right one had a considerable bend at the point of fracture. The fracture was originally oblique, and now we found the lower Sharp point of the upper Portion of the thigh bone bending outward from a proper line of the bone–when in sound condition.”

This time, the physicians recommended that Fleming allow them to “break up” the adhesions, reset the thigh, and let the leg again begin the knitting process. After careful discussions with the three doctors, the patient and his family agreed to this procedure.

Dr. Freese administered chloroform to Fleming. He was assisted by Isaac M. Small, a cabinet maker and medical student who was present on this occasion only out of curiosity. Once Fleming was thought to be unconscious, Small stated, Dr. Crothers began “manipulating the limb–That is to break up and re-adjust the fracture, [and] Dr. Rogers took hold of the foot with a view to produce the proper amount of extension.”

As it happened, however, Fleming had not felt the full effects of the chloroform and soon began to scream in pain, ordering the doctors to stop. Dr. Crothers, explained to the patient that if they did not continue, his leg would always be deformed and he would suffer permanent damage, with the possibility of continuing pain and discomfort. Nonetheless, Small remembered, Fleming once again screamed at the doctors to “let him alone, he had suffered enough.” Relatives present in the room reinforced Fleming’s decision, so the doctors discontinued the procedure. Crothers, according to Small, told Fleming “that he would not be responsible for the result, unless [they continued], but acceding to his wishes, they again bandaged the right leg.”

By spring, the leg had healed, but, as Dr. Crothers had expected, it was badly misshapen, causing Fleming to have limited mobility and to walk with a limp. Fleming blamed the doctors for the condition of his leg and, after securing the services of a team of six lawyers, filed suit on March 28, 1856, in the McLean Circuit Court against Drs. Crothers and Rogers.

In his declaration, Fleming alleged that his attending physicians had deliberately failed “to use due and proper care, skill and diligence” in caring for his broken thighs. As a result of this negligence, the suit claimed, Fleming had “thereby suffered and underwent great and unnecessary pain and anguish and…is much reduced and weakened in body…,” and his legs, having healed in an “unsightly and unnatural a manner,” were “crooked, misshapen and useless.” As compensation for his suffering and the expenses incurred during his convalescence, the plaintiff demanded payment by the defendants of $10,000.

Help HistoryNet by bookmarking to