Can a prison official be held deliberately indifferent in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Pride v. Straga, Case No.: 14-CV-414 JLS (DHB) (S.D. Cal. 2017):
Plaintiff relies on Estelle, 429 U.S. at 105, for the proposition that when a prison official "intentionally interferes" with an already prescribed treatment he may be held deliberately indifferent. (Opp'n 10.) And he relies on Hamilton v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992), for the proposition that treating a patient based on a medical opinion "a reasonable person would likely determine to be inferior" may support a deliberate indifference claim. (Opp'n 12.)
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