Can a plaintiff amend his pleading to include the words "medical malpractice, negligence, carelessness or mishandling of his medical records"?

To the extent plaintiff alleges an Eighth Amendment violation of the doctor-patient privilege or his health information privacy rights through "malpractice, negligence, carelessness or mishandling of his medical records," such claim sounds in negligence. Mere 'indifference,' 'negligence,' or 'medical malpractice' will not support this cause of action." Broughton v. Cutter Lab., 622 F.2d 458, 460 (9th Cir. 1980) (citing Estelle, 429 U.S. at 105-06). Thus, plaintiff cannot amend his pleading to raise such Eighth Amendment claim.

VII. State Law Claims