What is the test for a claim of medical malpractice or negligence under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Davis v. Akabike, 1:19-cv-01504-DAD-JLT (PC) (E.D. Cal. 2021):
A showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment. Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004).
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