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
The following excerpt is from Wood v. Sunn, 865 F.2d 982 (9th Cir. 1989):
The foregoing teaches that in order to prevail and recover damages against any of the named prison officials, the inmates in this case must prove (1) that the specific prison official, in acting or failing to act, was deliberately indifferent to the eighth amendment, and (2) that this indifference was the actual and proximate
Page 988
Leer v. Murphy, 844 F.2d 628, 633-34 (9th Cir.1988).
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