What is the standard for deliberate indifference in a medical malpractice case?

MultiRegion, United States of America

The following excerpt is from Aguirre v. Lopez, No. CV 1-08-980-FRZ (E.D. Cal. 2014):

Defendants submit that the deliberate indifference standard involves an objective and a subjective requirement. First, the alleged deprivation must be, in objective terms, "sufficiently serious." Farmer, 511 U.S. at 834 (citing Wilson v. Seiter, 501 U.S. 294, 298 111 S.Ct. 2321 (1991)). Second, for the subjective requirement, the prison official must "know[] of and disregard[] an excessive risk to inmate health or safety . . . ." Id., 511 U.S. at 837.

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