What is the test for qualified immunity in the context of medical malpractice cases?

MultiRegion, United States of America

The following excerpt is from Vega v. Semple, 963 F.3d 259 (2nd Cir. 2020):

⁴⁷ See, e.g., Taylor v. Barkes , 575 U.S. 822, 822, 135 S.Ct. 2042, 192 L.Ed.2d 78 (2015) ("When properly applied, qualified immunity protects all but the plainly incompetent or those who knowingly violate the law." (internal brackets, quotation marks, and citation omitted)).

⁴⁸ A. at 229.

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What is the test for qualified immunity in the context of medical malpractice cases?

⁴⁷ See, e.g., Taylor v. Barkes , 575 U.S. 822, 822, 135 S.Ct. 2042, 192 L.Ed.2d 78 (2015) ("When properly applied, qualified immunity protects all but the plainly incompetent or those who knowingly violate the law." (internal brackets, quotation marks, and citation omitted)).

⁴⁸ A. at 229.

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What is the test for qualified immunity in the context of medical malpractice cases?

47 See, e.g., Taylor v. Barkes , 575 U.S. 822, 822, 135 S.Ct. 2042, 192 L.Ed.2d 78 (2015) ("When properly applied, qualified immunity protects all but the plainly incompetent or those who knowingly violate the law." (internal brackets, quotation marks, and citation omitted)). 48 A. at 229.

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⁴⁷ See, e.g., Taylor v. Barkes , 575 U.S. 822, 822, 135 S.Ct. 2042, 192 L.Ed.2d 78 (2015) ("When properly applied, qualified immunity protects all but the plainly incompetent or those who knowingly violate the law." (internal brackets, quotation marks, and citation omitted)).

⁴⁸ A. at 229.