Does a difference of opinion between an inmate and prison medical personnel regarding appropriate medical diagnosis and treatment constitute a deliberate indifference claim?
The following excerpt is from Nicholson v. Weiss, No. 2:19-cv-0070 KJN P (E.D. Cal. 2019):
A difference of opinion between an inmate and prison medical personnelor between medical professionalsregarding appropriate medical diagnosis and treatment is not enough to establish a deliberate indifference claim. Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989) (citations omitted); Toguchi, 391 F.3d at 1058 (citation omitted). To establish a difference of
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opinion rises to the level of deliberate indifference, plaintiff "must show that the course of treatment the doctors chose was medically unacceptable under the circumstances." Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996) (citation omitted).
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