Does medical malpractice or negligence constitute a violation of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Snow v. Kay, Case No.: 1:15-cv-01606-SAB (PC) (E.D. Cal. 2016):
Medical malpractice or negligence is insufficient to establish a violation. Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004). Thus, mere negligence in diagnosing or treating a condition does not violate the Eighth Amendment. Id. at 1057. Also, an inadvertent failure to protect adequate
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