Is there any case law supporting a cause of action under the Eighth Amendment for medical malpractice?
MultiRegion, United States of America
The following excerpt is from Maxey v. Astorga, 29 F.3d 633 (9th Cir. 1994):
In addition, mere indifference, medical malpractice, or negligence will not support a cause of action under the Eighth Amendment. Broughton v. Cutter Lab., 622 F.2d 458, 460 (9th Cir.1980). Furthermore, a difference in medical opinion about treatment does not amount to a deliberate indifference to serious medical needs. Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir.1989).
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