What constitutes a "serious medical need" for a prisoner?

MultiRegion, United States of America

The following excerpt is from Cardwell v. Kettelhake, CASE NO. 2:08-CV-01006-JLR (E.D. Cal. 2012):

A "serious" medical need exists if the failure to treat a prisoner's condition could result in further significant injury or the "unnecessary and wanton infliction of pain." Id. (citing Estelle, 429 U.S. at 104). The existence of an injury that a reasonable doctor or patient would find important and worthy of comment or treatment; the presence of a medical condition that significantly affects an individual's daily activities; or the existence of chronic and substantial pain are examples of indications that a prisoner has a "serious" need for medical treatment. Id. at 1059-60 (citing Wood v. Housewright, 900 F.2d 1332, 1337-41 (9th Cir. 1990)).

Other Questions


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)
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)
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 a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (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)
Can a prison official deny or delay medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
What is a serious medical need and what are some examples of serious medical needs? (MultiRegion, United States of America)
Can jail staff violate a prisoner's eighth amendment rights if they are deliberately indifferent to the prisoner's serious medical needs? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.