What is the test for a medical malpractice claim under the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from FAUSETT v. LEBLANC, Case No.: 2:08-cv-01724-RLH-VPC (E.D. Cal. 2011):

must show that he faced a serious medical need. Id. In order to satisfy this first part, the prisoner must demonstrate that failure to treat his medical need could result in "further significant injury or the unnecessary and wanton infliction of pain." Id. Second, the prisoner must show that the defendant was deliberately indifferent to that medical need. Id. In order to satisfy the second part, the prisoner must demonstrate that the defendant knew of his serious medical need and purposefully disregarded it. Id. Mere negligence or medical malpractice in treating a medical condition does not violate the Eighth Amendment. Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir. 1980). Finally, a mere difference of medical opinion between a prisoner and the defendant is insufficient to establish deliberate indifference. Toguchi v. Chung, 391 F.3d 1051, 1058 (9th Cir. 2004).

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