What is the test for demonstrating a serious medical need in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Morgan v. Sacramento Cnty. Dep't of Health Serv., No. 2:19-cv-1600 CKD P (E.D. Cal. 2020):
to show (1) "a 'serious medical need' by demonstrating that 'failure to treat a prisoner's condition could result in further significant injury or the unnecessary and wanton infliction of pain,'" and (2) "the defendant's response to the need was deliberately indifferent." Id. (some internal quotation marks omitted) (quoting McGuckin v. Smith, 974 F.2d 1050, 1059-60 (9th Cir. 1992)).
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