The following excerpt is from Baker v. Gipson, CASE NO. 1:13-cv-01931-MJS (E.D. Cal. 2014):
The implantation of an ear tube and allowing it to remain beyond the time set for removal resulting in pain, infection, and swelling adequately describes a serious medical need, i.e., the first element of an Eighth Amendment medical treatment claim. See Doty v. County of Lassen, 37 F.3d 540, 546 (9th Cir. 1994) ("serious" medical conditions are those a reasonable doctor would think worthy of comment, those which significantly affect the prisoner's daily activities, and those which are chronic and accompanied by substantial pain).
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