What is the test for indifference in prison medical care?

MultiRegion, United States of America

The following excerpt is from Beagle v. Schwarzenegger, 107 F.Supp.3d 1056 (E.D. Cal. 2014):

Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006). The second part of the test is satisfied by "showing (a) purposeful act or failure to respond to a prisoner's pain or possible medical need and (b) harm caused by the indifference." Id. "Indifference may appear when prison officials deny, delay or intentionally interfere with medical treatment, or it may be shown by the way in which prison physicians provide medical care.... Yet, an inadvertent [or negligent] failure to provide adequate medical care alone" is insufficient. Id. (citations omitted).

Other Questions


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)
Is there any evidence of deliberate indifference or deliberate indifference by prison officials to the medical and dental care provided to a prisoner? (MultiRegion, United States of America)
Does 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)
Is a medical professional negligent if they fail to use the standard care, knowledge and care that other reasonably careful medical professional would use? (MultiRegion, United States of America)
Does a conversation between a prisoner and a medical professional concerning what medical care is appropriate amount to deliberate indifference? (MultiRegion, United States of America)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
Can a prison official be held liable for denial or delay of medical care for a prisoner's serious medical needs? (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)
Can a prison official deny or delay medical care for a prisoner's serious medical needs? (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)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.