Does a delay in treatment constitute deliberate indifference in the context of the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Bell v. Cal. Dep't of Corr., Case No.: 14cv1397 BEN (PCL) (S.D. Cal. 2016):

Medical care less prompt or efficient than a free citizen might receive also does not constitute deliberate indifference. See Wood, 900 F.2d at 1335. In order for delay in treatment to constitute an Eighth Amendment violation, the delay must cause substantial harm. See Id. (holding that a delay in treatment did not substantially harm the plaintiff since the only remedy immediately available was a prescription for pain killers); see also Shapely v. Nevada Bd. Of State Prison Comm'rs, 766 F.2d 404, 407 (9th Cir. 1985) ("[M]ere delay of surgery without more, is insufficient to state a claim of deliberate medical indifference....").

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