Wilson v. Wexford Health Sources, Inc.

Dist. Ct. did not err in granting defendant-certain prison medical personnel’s motion for summary judgment in plaintiff-prisoner’s section 1983 action alleging that defendants were deliberately indifferent to his serious medical needs regarding his hernia condition. Plaintiff’s action against defendant-medical director was time-barred, where instant amended complaint was filed more than two years after medical director left prison. Fact that original complaint was filed within two-year period did not require different result, where original complaint was dismissed without prejudice. Also, summary judgment was properly granted as to defendant-prison nurse, where nurse used her medical judgment to provide reasonable treatment instead of plaintiff’s request for surgery. Too, defendant-entity employing medical personnel was entitled to summary judgment, even though plaintiff argued that entity had policy against providing surgical intervention for prisoners, where actual policy did not contain flat prohibition against surgical intervention, and where entity’s employees testified that they used their own medical judgment on case-by-case basis. However, defendant- medical doctor was not entitled to summary judgment where, if jury believed plaintiff, doctor was aware of plaintiff's pain arising out of his hernia condition for 14-month period and never took actions to address said pain.