Are there any cases where medical malpractice cases have been reviewed in the context of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from O'Connell v. Kern Valley State Prison, CASE NO. 1:11-cv-02163-BAM PC (E.D. Cal. 2012):
are critical in determining whether the conditions complained of are grave enough to form the basis of a viable Eighth Amendment claim." Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 2006).
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