How has Section 1983 been interpreted in medical malpractice cases?
MultiRegion, United States of America
The following excerpt is from Orr v. Cnty. of Sacramento, No. CIV. S-13-0839 LKK/AC (E.D. Cal. 2013):
Akhtar v. Mesa, 698 F.3d 1202, 1213 (9th Cir. 2012) (plaintiff stated a Section 1983 for deliberate indifference stemming from defendants' failure to follow medical directives that plaintiff be placed on a lower bunk).5 The second prong, "deliberate indifference" is shown by: (a) defendants' purposeful act or failure to respond to a prisoner's pain or possible medical need;6 or (b) harm caused by the indifference. Id.
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