What is the test for deliberate indifference in the context of medical negligence in prison?

MultiRegion, United States of America

The following excerpt is from Hoffman v. Quach, No. 2:14-cv-1009 MCE DB P (E.D. Cal. 2017):

she knew of and disregarded an excessive risk to plaintiff's health. Colwell, 763 F.3d at 1066. This element focuses on the individual defendant's mental attitude. Toguchi v. Chung, 391 F.3d 1051, 1057 (9th Cir. 2004).

To prevail on his Eighth Amendment claim, plaintiff does not have to prove that he was completely denied of medical care because deliberate indifference can be shown where "prison administrators or physicians denied, delayed, or intentionally interfered" treatment or by the way prison staff delivered medical care. Snow, 681 F.3d at 986. Rather, plaintiff "must show that the course of treatment the doctors chose was medically unacceptable under the circumstances and that the defendants chose this course in conscious disregard of an excessive risk to [his] health." Snow, 681 F.3d at 988 (citing Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1986)) (internal quotation marks omitted).

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