What is the test for a jury to determine whether a defendant deliberately ignored or failed to respond to a prisoner's pain or possible medical need?
MultiRegion, United States of America
The following excerpt is from Nguyen v. Bartos, No. 2: 10-cv-1461 WBS KJN P (E.D. Cal. 2012):
the defendant and resulting harm. See McGuckin, 974 F.2d at 1060. "A defendant must purposefully ignore or fail to respond to a prisoner's pain or possible medical need in order for deliberate indifference to be established." Id. Second, there must be a resulting harm from the defendant's activities. Id. The needless suffering of pain may be sufficient to demonstrate further harm. Clement v. Gomez, 298 F.3d 898, 904 (9th Cir. 2002).
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