What is the standard of indifference of a prison official in the context of medical malpractice cases?
MultiRegion, United States of America
The following excerpt is from Stansbery v. Benak, CASE NO. 1:11-cv-01605-LJO-DLB PC (E.D. Cal. 2012):
indifference standard involves an objective and a subjective prong. 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 (1991)). Second, the prison official must "know[] of and disregard[] an excessive risk to inmate health or safety . . . ." Id. at 837.
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