Does implantation of an ear tube and allowing it to remain beyond the time set for removal adequately describe a serious medical need?

MultiRegion, United States of America

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).

Other Questions


What is a serious medical need and what are some examples of serious medical needs? (MultiRegion, United States of America)
Can a medical official be subjectively aware of a serious medical need and fail to adequately respond to the need? (MultiRegion, United States of America)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
What is the test for an amended complaint alleging denial or delay of medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
What is the test for demonstrating a serious medical need in a medical malpractice case? (MultiRegion, United States of America)
Can a prison official be held liable for denial or delay of medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
Is denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights? (MultiRegion, United States of America)
Does denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights? (MultiRegion, United States of America)
Can a prison official deny or delay medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.