Dist. Ct. erred in granting defendant-prison medical official’s motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendant’s 3-week delay in sending plaintiff for follow-up visit to orthopedic surgeon violated plaintiff’s 8th Amendment rights, where plaintiff alleged that said delay caused plaintiff’s wrist to heal at improper angle, which required plaintiff to endure two surgeries to repair said defect. While Dist. Ct. found that defendant’s decision to delay plaintiff’s return to orthopedic surgeon constituted mere difference in medical opinion which was not actionable in instant section 1983 action, reasonable jury could infer that defendant disregarded rather than disagreed with course of treatment directed by orthopedic surgeon, where: (1) instructions by orthopedic surgeon described risks posed to plaintiff from delay in obtaining follow-up treatment; and (2) plaintiff presented expert testimony, indicating that it was unreasonable for defendant, as general practitioner, to disagree with instructions given by specialist.
Federal 7th Circuit Court
Civil Court
Prisoners