Does negligence in diagnosing or treating a medical condition give rise to a claim under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from In re Mosley, No. 2:16-CV-0519-MCE-DMC-P (E.D. Cal. 2018):
Negligence in diagnosing or treating a medical condition does not, however, give rise to a claim under the Eighth Amendment. See Estelle, 429 U.S. at 106. Moreover, a difference of opinion between the prisoner and medical providers concerning the appropriate course of treatment does not give rise to an Eighth Amendment claim. See Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996).
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