Report of the trial of an action : Charles Lowell against John Faxon and Micajah Hawks, doctors of medicine, defendants, for malpractice in the capacity of physicians and surgeons : at the Supreme Judicial Court of Maine, holden at Machias for the county of Washington, June term, 1824, before the Hon. Nathan Weston, Jun., justice of the court.

Lowell, Charles, 1793-1858

Date:: 1825

Credit: Report of the trial of an action : Charles Lowell against John Faxon and Micajah Hawks, doctors of medicine, defendants, for malpractice in the capacity of physicians and surgeons : at the Supreme Judicial Court of Maine, holden at Machias for the county of Washington, June term, 1824, before the Hon. Nathan Weston, Jun., justice of the court. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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$ifoin merited damages, by an imaginary opinion that there was no dislocation whatever, it would be abundantly manifest that the learned doctor was mistaken—and that s'uch a dislocation unre- duced must continue to the end of existence. If it should be pre- tended further, that the bone was actually once set, but by some' sfart got out again, not only the probability but the impossibility of such an accident would be demonstrated by the structure of the bone—the power of the muscles—and other circumstances. —In fine it would be proved satisfactorily that the defendants utterly omitted to do that duty which they owed to the plaintiff; and for which he only sought to be indemnified by this action. Jotham G. Reynolds deposed that he was the owner of the horse on which Lowell was riding, and was present when he received the injury. Lowell fell on his back ; the horse fell obliquely across his thighs, and other parts of his body, so that his weight was more on one hip than the other. Joshua A. Lowell testified that he was clerk to the plaintiff in 1821, when he had his hip dislocated—He was called by Mr. Stearns into the room, where they were trying to set it. There were several persons present. The witness proceeded to give an account of the operation performed by Dr. Hawks with Dr. Faxon. Mr. Lowell was placed across the bed. A sheet was put round the well limb, and a towel tied round the knee of the lame one. Several persons took bold of the sheet, and several hold of the towel, extending in contrary directions. The limb pointed off in an awkward position. They first extended it, and then carried it in toward the other. Dr. Faxon had hold of the end of it by the ancle, carrying it in : Dr. Hawks was feeling for the head of the thigh bone.—When I first came 1 found Dr. Faxon trying to set the limb.—When Dr. Hawks arrived he first examined the hip ; had some conversation with Dr. Faxon ; went out a short time with him and returned. The examination was not more than four or five minutes. Lowell enquired ol Dr. Hawks respecting his situation. Dr. Hawks answered that he thought the hip bone was dislocated, and the socket a little frac- tured ; and said that they would set it; to this Dr. Faxon assent- ed They were not more than ten or fifteen minutes about it. They then said it was set and well set. Dr. Hawks assisted occasionally on taking hold of the end of the limb and the towel and bearing in towards the well limb. After this they put a handkerchief round both limbs. I saw no difference in the length of the limb. Dr. Faxon said, Lowell must he here three$

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