Can a prison official be found deliberately indifferent to a patient's medical treatment?

MultiRegion, United States of America

The following excerpt is from Miller v. Rufion, Civil No. 08cv01233-BTM(WMC) (E.D. Cal. 2011):

Although the defendant's conduct need not have been undertaken for the very purpose of causing harm in order to be found deliberately indifferent, a "sufficiently culpable state of mind" requires that the conduct entailed more than mere negligence. Farmer, 511 U.S. at 837, 847 (a defendant may be found liable if he knows that plaintiff faces "a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it"). Deliberate indifference may be manifested "when prison officials deny, delay or intentionally interfere with medical treatment, or it may be shown by the way in which prison physicians provide medical care." Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) (the prisoner must show a purposeful act or failure to respond to his pain or medical need and resulting harm caused by the indifference). If the risk of harm was obvious, the trier of fact may infer that a defendant knew of the risk, but obviousness per se will not impart knowledge as a matter of law. Farmer, 511 U.S. at 840-42. Even "[i]f a prison official should have been aware of the risk, but was not, then the official has not violated the Eighth Amendment, no matter how severe the risk." Id.. at 834.

Other Questions


Is there any evidence of deliberate indifference or deliberate indifference by prison officials to the medical and dental care provided to a prisoner? (MultiRegion, United States of America)
Can a prison officer be found guilty of deliberate indifference in a case where a prisoner was deprived of food, water and sleep deprivation by prison officials? (MultiRegion, United States of America)
Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (MultiRegion, United States of America)
Does a difference of opinion between an inmate and prison medical staff regarding appropriate medical diagnosis and treatment constitute a deliberate indifference claim? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
What is the legal standard for a prison official to be found deliberately indifferent in failing to treat an inmate for a medical issue? (MultiRegion, United States of America)
Can a prison official demonstrate deliberate indifference to the need for medical treatment? (MultiRegion, United States of America)
Can a prison official's failure to decontaminate a prisoner after exposure to pepper spray lead to deliberate indifference to his serious medical needs? (MultiRegion, United States of America)
What is the test for a jury to find a prison official deliberately indifferent to a prisoner's medical needs? (MultiRegion, United States of America)
Does a difference of opinion between an inmate and prison medical personnel regarding appropriate medical diagnosis and treatment constitute a deliberate indifference claim? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.