Can a plaintiff sue for medical malpractice for failing to provide adequate medical care for an inmate?
MultiRegion, United States of America
The following excerpt is from Ponce v. Gale, Civil No. 12cv1086 BEN (RBB) (S.D. Cal. 2012):
Plaintiff acknowledges that he was "misdiagnosed." (Compl. at 8.) Before it can be said that a inmate's civil rights have been abridged with regard to medical care, however, "the indifference to his medical needs must be substantial. Mere 'indifference,' 'negligence,' or 'medical malpractice' will not support this cause of action." Broughton v. Cutter Labs., 622
Page 8
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for a plaintiff to bring a claim against a health and social services provider for failing to provide adequate medical and dental care in the context of medical malpractice? (MultiRegion, United States of America)
What is the effect of providing medical services provided by a private medical practice provider on a plaintiff's claim for wrongful death under the New York Workmen's Compensation Law? ("New York", United States of America)
What is the test for failing to provide adequate medical care for an inmate? (MultiRegion, United States of America)
What is the test for a prison official to be found guilty of violating the Eighth Amendment by failing to provide adequate medical care for an inmate? (MultiRegion, United States of America)
What is the test for a prison official to violate the Eighth Amendment by failing to provide adequate food, shelter, medical care, and personal safety for an inmate? (MultiRegion, United States of America)
What is the standard of review for determining whether adequate reasons were provided to the Court for failing to provide adequate reasons? (Canada (Federal), Canada)
Is a prison official liable for failing to provide adequate medical care for a prisoner's serious medical needs? (MultiRegion, United States of America)
What is the test for a prison official to be found guilty of failing to provide adequate sanitation, medical care and personal safety for an inmate? (MultiRegion, United States of America)
In a medical malpractice action, is a plaintiff entitled to damages intended to provide for future medical services? (MultiRegion, United States of America)
What is the test for violating the Eighth Amendment by failing to provide adequate food, clothing, shelter, medical care, and personal safety for an inmate? (MultiRegion, United States of America)
