The following excerpt is from Goolsby v. Ridge, Civil No. 09cv02654 WQH (RBB) (S.D. Cal. 2011):
Estelle, 429 U.S. at 104. Negligent medical care is not the equivalent of a constitutional violation. Estelle, 429 U.S. at 104-05. Moreover, a difference of opinion between an inmate and his medical service provider does not rise to the level of deliberate indifference. Toguchi, 391 F.3d at 1058. When an inmate disagrees with a course of treatment, "[the] prisoner must show that the chosen course of treatment 'was medically unacceptable under the circumstances,' and was chosen 'in conscious disregard of an excessive risk to [the prisoner's] health.'" Id. (quoting Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996)).
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