What is the standard for deliberate indifference by prison officials to medical records?

MultiRegion, United States of America

The following excerpt is from McGinty v. Rue, 976 F.2d 737 (9th Cir. 1992):

The standard for deliberate indifference to a medical condition is high "[b]ecause society does not expect that prisoners will have unqualified access to health care." Id. at 1000. In Wood v. Housewright, 900 F.2d 1332 (9th Cir.1990), for example, a prisoner complained that prison officials seized his arm sling because they thought it to be a security risk. He required the sling because a surgically-inserted pin in his shoulder had snapped and was causing him pain. Although prison officials were possibly grossly negligent in failing to procure his medical records to confirm his medical condition, their behavior did not amount to deliberate indifference. Id. at 1334. A prisoner must demonstrate substantial harm to state an Eighth Amendment medical violation. Id. at 1335. Since the prisoner's condition in Wood did not require emergency attention, this court held that no such harm was shown. Id.

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