What is the test for proving a serious medical need under the Eighth Amendment?

MultiRegion, United States of America

The following excerpt is from Lear v. Sahota, No. 2:18-cv-3099 DB P (E.D. Cal. 2019):

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). Indications of a serious medical need include "the presence of a medical condition that significantly affects an individual's daily activities." Id. at 1059-60. By establishing the existence of a serious medical need, a prisoner satisfies the

Page 7

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


In what circumstances will an official be required to prove that there is a serious risk of serious harm to the medical care provided to a prisoner under 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)
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)
What is the test for establishing a serious medical need under the Eighth Amendment? (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)
What is the test for a violation of the Eighth Amendment when there are not enough "necessities" to constitute an Eighth Amendment violation? (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 there any case law where the medical director or medical council was 'subjectively aware' of a serious medical need and failed to respond? (MultiRegion, United States of America)
Is pepper spray a serious medical need in violation of the Eighth Amendment? (MultiRegion, United States of America)
Does a prisoner have a serious medical need under the Eighth Amendment? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.