What is the test for an inmate to sue for medical malpractice?
MultiRegion, United States of America
The following excerpt is from Sanchez v. Lerdo Kern Cnty. Det. Facility, Case No. 1:14-cv-01424-MJS (PC) (E.D. Cal. 2015):
F.3d at 1456; Stewart v. Block, 938 F.Supp. 582, 588 (C.D. Cal. 1996). In addition, the inmate must show that the responsible prison officials had a "sufficiently culpable state of mind," and were deliberately indifferent to the inmate's health and safety. Farmer, 511 U.S. at 834.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a plaintiff sue for medical malpractice for failing to provide adequate medical care for an inmate? (MultiRegion, United States of America)
Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff? (MultiRegion, United States of America)
What is the objective standard for determining whether an inmate has been deprived of access to food, water, and medical equipment due to medical malpractice? (MultiRegion, United States of America)
Is there any case law where a plaintiff's medical malpractice claim that the medical treatment he received was medically unacceptable? (MultiRegion, United States of America)
What is the test for damages in the case of an inmate who alleges that he was denied access to medical records due to medical malpractice? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in the context of a medical opinion between a prisoner and prison medical authorities regarding treatment? (MultiRegion, United States of America)
What is the current state of the law on medical malpractice in medical malpractices? (MultiRegion, United States of America)
Is there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
Can an application for discretionary relief from the Court of Arbitration for Disproportionate Medical Demand be made in a medical malpractice case? (Canada (Federal), Canada)
How have courts treated medical indifference claims in medical malpractice cases? (MultiRegion, United States of America)
