Deliberate Indifference

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7^th Circuit Court of Appeals

Case Name: Mario Arce v. Wexford Health Sources, Inc.

Case No.: 22-1694

Officials: Wood, Lee, and Pryor, Circuit Judges

Focus: Deliberate Indifference

In June 2017, inmate Arce suffered a sharp knee injury while playing soccer at the Pinckneyville Correctional Center in Illinois. Despite receiving treatment, he continued to experience severe leg pain, which the prison’s medical providers, Wexford, attributed to a blood clot. Although the blood clot was successfully treated, Arce’s pain persisted. In response, Arce filed a lawsuit against Wexford and two of its employees, alleging deliberate indifference to his serious medical needs, which he claimed violated the Eighth Amendment.

The district court granted the defendants summary judgment, and this decision was upheld by the Seventh Circuit. Arce contended that he had compartment syndrome, and the failure to diagnose and treat this condition caused his long-term leg injury. However, over five years and numerous medical visits, Arce could not present any evidence beyond his lay speculation that he suffered from tissue necrosis in his thigh, the primary consequence of untreated compartment syndrome. Moreover, he did not provide expert testimony or medical examination results indicating that his symptoms were consistent with untreated compartment syndrome. Although an orthopedist suggested further testing for the condition, Arce failed to demonstrate deliberate indifference in rejecting the recommended two-day follow-up appointment or that such denial constituted a substantial departure from accepted professional judgment, practice, or standards.

Decided 07/27/23

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