What is the state of the law on medical malpractice in the context of an endoscopy?

Although plaintiffs' narrative might be correct, the court concludes that these assertions are not enough to push the pleadings "across the line from conceivable to plausible." Ashcroft v. Iqbal, 556 U.S. 662, 680 (2009). Even taking these allegations as true, at most they might support a claim for negligencethat each doctor should have, but failed to, consult Decedent's medical history more thoroughly to confirm the necessity of an endoscopy. They do not plausibly allege that any of the four doctors knew that liver disease was not medically indicated, notwithstanding plaintiffs' contrary conclusory opinion. Moreover, they do not show how the decision to order, approve, or ultimately conduct the endoscopy presented "an excessive risk to [Decedent's] health or safety" that the doctors consciously disregarded. Farmer, 511 U.S. at 837. Based on the present pleadings, it is equally likely that the doctors took these actions believing that they were helping Decedentwho is alleged to have had Hepatitis Cbased on a good faith (albeit, allegedly incorrect) understanding of Decedent's medical file.⁹