Does a plaintiff have to prove there is a substantial risk of serious harm if he receives inadequate treatment from a doctor?
MultiRegion, United States of America
The following excerpt is from Moody v. Finander, CASE NO. 09-CV-0892-LAB (BGS) (S.D. Cal. 2011):
substantial risk of serious harm exists, and he must also draw the inference." Farmer, 511 U.S. at 837. Inadequate treatment due to "mere medical malpractice" or even gross negligence, does not amount to a constitutional violation. Estelle, 429 U.S. at 106; Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990).
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