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

Deliberate indifference in this context is a high standard, present only where the prison official "knows of and disregards an excessive risk to [the prisoner's] health and safety." Farmer, 511 U.S. at 837; Toguchi v. Chung, 291 F.3d 1051, 1060 (9th Cir. 2004). In other words, "the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Id. When a defendant should have been aware of the risk of substantial harm to the prisoner but was not, "then the person has not violated the Eighth Amendment, no matter how severe the risk." Gibson, 290 F.3d at 1188.

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