What is the test for deliberate indifference to medical needs in the context of the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from MC-Intosh v. San Diego Cnty. Sheriff's Dep't, Case No.: 3:17-CV-00946-JLS-PCL (S.D. Cal. 2017):

First, "[b]ecause society does not expect that prisoners will have unqualified access to health care, deliberate indifference to medical needs amounts to an Eighth Amendment violation only if those needs are 'serious.'" Hudson v. McMillian, 503 U.S. 1, 9 (1992) (citing Estelle, 429 U.S. at 103-04). "A 'serious' medical need exists if the failure to treat a prisoner's condition could result in further significant injury or the 'unnecessary and wanton infliction of pain.'" McGuckin, 974 F.2d at 1059 (quoting Estelle, 429 U.S. at 104). "The existence of an injury that a reasonable doctor or patient would find important and worthy of comment or treatment; the presence of a medical condition that

Page 10

Other Questions


Does deliberate indifference to medical needs constitute an Eighth Amendment violation? (MultiRegion, United States of America)
Is deliberate indifference to medical needs an Eighth Amendment violation? (MultiRegion, United States of America)
Does plaintiff have a claim of deliberate indifference to medical needs in violation of the Eighth Amendment? (MultiRegion, United States of America)
Is there a violation of the Eighth Amendment when a prison official is deliberately indifferent to a prisoner's medical needs? (MultiRegion, United States of America)
What is the objective and objective elements of an Eighth Amendment claim for deliberate indifference to a serious medical need? (MultiRegion, United States of America)
Is the Eighth Amendment violated if a prison official acts with deliberate indifference to inmate's medical needs? (MultiRegion, United States of America)
Can jail staff violate a prisoner's eighth amendment rights if they are deliberately indifferent to the prisoner's serious medical needs? (MultiRegion, United States of America)
Is deliberate indifference to serious medical needs a violation of the Eighth Amendment? (MultiRegion, United States of America)
What is the test for deliberate indifference to medical care in the context of the Eighth Amendment? (MultiRegion, United States of America)
Is denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.