THE CASE OF THE CHICKEN BONE CASE 1855

 

INTRODUCTION:

Abraham Lincoln served on a team of six lawyers to help Samuel Fleming in Illinois’ first medical malpractice case.  What happened was that Samuel Fleming and another man were in a bad fire in Bloomington.  The other man was killed in the fire, but Fleming was seriously injured.  He was a carpenter by trade, and had suffered burns and two broken thighs with the chimney of the house fell on him.  Several doctors worked on Fleming saving his life.  The problem was that they put splints on his legs and when the splints were removed three weeks after they were put on, his right leg ended up crooked.   The doctors then recommended that they would break the adhesions holding the crooked leg together.  They used chloroform and tried to put Fleming to sleep to remove the adhesions and reset the leg.  Fleming was not totally asleep during the process and demanded that the doctors stop.  He decided to live with a crooked leg instead of going through the very painful procedure. 

Five months later Fleming hired six lawyers and in 1856 took the doctors, Crothers and Rogers to court, claiming they had not used “due and proper care or diligence.”  Fleming demanded $10,000 in damages.  The public tended to support the poorly patient.  The first trial would be like a circus.  People gathered to hear Abe Lincoln and the other great lawyers.  The jury could not make a decision, so several continuances were granted to allow for more evidence to be gathered.

ABE LINCOLN KNEW THAT “TIME” WOULD BE THE THING TO HELP WHEN THIS CASE. 

At the last trial, Lincoln would describe bones as becoming more and more brittle with age.  He used a CHICKEN BONE and exclaimed, “This bone has the starch all taken out of it.”  Lincoln then asked Lincoln

THE SCRIPT:

Main characters:  Abe Lincoln, lawyer, Samuel Fleming, doctors Crothers Freese, and Rogers, 5 other lawyers that assisted in the trial, 3 specialists to support Fleming,  Judge David Davis, and Leonard Swett (Fleming’s lawyer)    6 members to be on the jury, and the baliff.

 

Act One:  Samuel Fleming is on the operating table about to be “fixed” by doctors Rogers, Freese and Crothers.   Samuel is lying on the floor with doctors trying to put him to sleep with a handkerchief soaked with chloroform.  Fleming is not going to sleep completely. 

Dr. Rogers:  Mr. Fleming:  you are very relaxed now, and we will now reset your crooked leg.  Just lay still. 

Fleming:   (mumbles)  Get it over.  This is going to hurt a lot.

Dr. Rogers:  (Fleming is moving around in discomfort) Hold still Fleming.  We can’t do this with you moving around like that. 

Fleming:   (can’t talk loud)  I can’t take this.  STOP!

Dr. Freese:   Mr. Fleming, we need to finish this.  You will never be able to walk correctly unless we reset the leg.  Lay still.  Let’s get this over.

Fleming:   I say STOP, and I mean STOP.  I can live with a crooked walk better than all the pain you are putting me through.  That chloroform is doing nothing.  I say STOP!

 Dr. Crothers:  Very well, we will stop.  We are very SORRY that you will have a crooked leg.

 

Act Two:  Several weeks later, Samuel Fleming is feeling much better, but is very unhappy about having a crooked leg.  He is very angry that those doctors would only splint his legs and allow them to heal crooked.  After talking to lawyers, Fleming decided to sue doctors Rogers, Freese and Crothers.   The amount won could be $10,000 (a lot of money in 1855), so a team of lawyers is hired by Fleming.

Setting:  In the courtroom with Judge David Davis, lawyers Abraham Lincoln (for the doctors) and six lawyers for Fleming.  The judge is sitting at his bench in front of all.  Lincoln sits facing the judge on the left, while the six lawyers and Fleming sit on the right.  The room is very full of rowdy people wanting to hear this strange case and Abraham Lincoln. 

Baliff:  Hear ye, hear ye, McClean County Circuit Court is now in session with the honorable Judge David Davis.  PLEASE STAND.  

Judge Davis:  The judge walks in and tells all to be seated as he sits down. 

Baliff:  Your honor, this is the case of Samuel Clemens versus Doctors Crothers, Freese and Rogers.  This is the “chicken bone leg case.”  The audience laughed loudly.

Judge Davis:  All should be quiet or I will empty the courtroom.  The room got very quiet.  Would Mr. Fleming’s lawyer tell the court about what this case is about?

Leonard Switt:  Your honor and jurists.  This case is simple.  The doctors being sued did a very poor job of caring for Mr. Fleming.  They merely splinted the legs of Mr. Fleming, and did not set them correctly.  Now Mr. Fleming has a crooked leg causing him to walk crookedly.  (The audience laughs  Judge Davis warns them again to get quiet.” Mr. Fleming is suffering greatly and deserves $10,000 to help comfort him.  We realize that will not take care of his crooked leg.

Abraham Lincoln:  Your honor, the doctors did their best and saved Mr. Flemings life from his terrible burns.  They had to take care of the burns, and did not have a lot time at the moment to work on the legs.  Mr. Fleming’s life was more important.

 Leonard Switt:  Your honor, there were three doctors.  There is no excuse for leaving Mr. Fleming with a crooked leg.

Abraham Lincoln:  Your honor, these fine doctors say that Mr. Fleming’s life was in great peril and a complicated leg surgery at the time was not possible.   I close my case here, and hope that the jury will realize that a life is more important than a possible crooked leg.  Mr. Fleming did not allow the doctors to correct his leg, and much time has gone by.

Act Three:  The jury returns