What is the legal test for deliberate indifference in the context of medical malpractice?

MultiRegion, United States of America

The following excerpt is from Hubbard v. Mendes, Case No. 1:13-cv-01078-LJO-MJS (PC) (E.D. Cal. 2014):

"Deliberate indifference is a high legal standard." Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004). "If a prison official should have been aware of the risk, but was not,

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then the official has not violated the Eighth Amendment, no matter how severe the risk." Id., quoting Gibson v. County of Washoe, Nevada, 290 F.3d 1175, 1188 (9th Cir. 2002).

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