Does a difference of medical opinion between a doctor and patient constitute a deliberate indifference to the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Condee v. Simson, 1:14-cv-01072-DAD-EPG-PC (E.D. Cal. 2016):
"[A] mere difference of medical opinion . . . [is] insufficient, as a matter of law, to establish deliberate indifference." Toguchi, 391 F.3d at 1058 (internal quotes and citation omitted); see also Brown v. Beard, 445 F. App'x. 453, 455 (3d Cir. 2011) ("A professional disagreement between doctors as to the best course of treatment does not establish an Eighth Amendment violation."). "Simply showing that another doctor in similar circumstances might
Page 6
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a difference in medical opinion between a doctor and a patient's opinion regarding a different medical procedure, resulting in one procedure causing the other to recover? (MultiRegion, United States of America)
Does a difference of opinion between medical professionals constitute deliberate indifference to a plaintiff's serious medical needs? (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 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)
Does a difference of opinion between a doctor and an inmate regarding what medical care is appropriate constitute deliberate indifference? (MultiRegion, United States of America)
Does a difference in opinion between a prisoner and medical provider concerning the appropriate course of treatment for his mental health problems constitute a claim under the Eighth Amendment? (MultiRegion, United States of America)
Do allegations of deliberate indifference in medical malpractice constitute deliberate indifference? (MultiRegion, United States of America)
Does a difference of opinion between a physician and the prisoner concerning what medical care is appropriate constitute deliberate indifference? (MultiRegion, United States of America)
Does a difference in opinion between a physician and a prisoner concerning medical care constitute deliberate indifference? (MultiRegion, United States of America)
Does a difference in opinion between medical staff and inmate inmates constitute deliberate indifference? (MultiRegion, United States of America)
