What is the test for the Eighth Amendment analysis in medical malpractice cases?
California, United States of America
The following excerpt is from People v. Ramos, B231831 (Cal. App. 2012):
6. For the purposes of our examination, we assume this test is appropriate in an Eighth Amendment analysis. (See People v. Goodwin (1997) 59 Cal.App.4th 1084, 1093; Harmelin v. Michigan (1991) 501 U.S. 957.)
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