What is the test for proving a prisoner has a serious medical need?

MultiRegion, United States of America

The following excerpt is from Russell v. Toor, Case No. 1:15-cv-00255-DAD-SAB (PC) (E.D. Cal. 2018):

A medical need is serious "if the failure to treat the 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). By establishing the existence of a serious medical need, a prisoner satisfies the objective requirement for proving an Eighth Amendment violation. Farmer v. Brennan, 511 U.S. 825, 834 (1994).

If a prisoner establishes the existence of a serious medical need, he must then show that prison officials responded to the serious medical need with deliberate indifference. See Farmer, 511 U.S. at 834. In general, deliberate indifference may be shown when prison officials deny, delay, or intentionally interfere with medical treatment, or may be shown by the way in which prison officials provide medical care. Hutchinson v. United States, 838 F.2d 390, 393-94 (9th Cir. 1988).

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)
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)
Can a prison official deny or delay medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
What is a serious medical need and what are some examples of 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 be held liable for denial or delay of medical care for a prisoner's serious medical needs? (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's failure to decontaminate a prisoner after exposure to pepper spray lead to deliberate indifference to his serious medical needs? (MultiRegion, United States of America)
Can a medical official be subjectively aware of a serious medical need and fail to adequately respond to the need? (MultiRegion, United States of America)
Does a prisoner's court document need to be delivered to prison officials on the date the prisoner delivered it to the prison officials for mailing? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.