Can a prison doctor be found guilty of deliberate indifference in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from Chance v. Armstrong, 143 F.3d 698 (2nd Cir. 1998):
while 'mere medical malpractice' is not tantamount to deliberate indifference, certain instances of medical malpractice may rise to the level of deliberate indifference; namely, when the malpractice involves culpable recklessness, i.e., an act or a failure to act by the prison doctor that evinces 'a conscious disregard of a substantial risk of serious harm.'
Hathaway v. Coughlin, 99 F.3d 550, 553 (2d Cir.1996) (citation omitted).
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