What is the test for a violation of medical malpractice in a prison?
MultiRegion, United States of America
The following excerpt is from Arellano v. Dean, Case No.: 15-CV-2247 JLS (JLB) (S.D. Cal. 2020):
Estelle v. Gamble, 429 U.S. 97, 102-05 (1976). Such a violation "may appear when prison officials deny, delay or intentionally interfere with medical treatment, or it may be shown by the way in which prison officials provide medical care." Hutchinson v. United States, 838 F.2d 390, 394 (9th Cir. 1988) (citing Estelle, 429 U.S. at 105).
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