Can a plaintiff continue to seek relief under the Eighth Amendment for medical malpractice?
MultiRegion, United States of America
The following excerpt is from Wyk v. Rios, NO. 1:09-cv-02222-GSA-PC (E.D. Cal. 2011):
Plaintiff, does, however, maintain his claim that the medical care he received was negligent. Plaintiff was advised that mere indifference, negligence, or medical malpractice does not state a claim for relief under the Eighth Amendment. Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir.1980) (citing Estelle, 429 U.S. at 105-06). See also Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir.2004).
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