How have courts interpreted the Eighth Amendment in the context of medical malpractice cases?

MultiRegion, United States of America

The following excerpt is from Green v. Atienza, No. 2:18-cv-0731 MCE AC P (E.D. Cal. 2019):

inhumane ones." Farmer v. Brennan, 511 U.S. 825, 832 (1994) (internal quotation marks and citation omitted). "[A] prison official violates the Eighth Amendment only when two requirements are met." Id. at 834. "First, the deprivation alleged must be, objectively, sufficiently serious, a prison official's act or omission must result in the denial of the minimal civilized measure of life's necessities." Id. (internal quotation marks and citations omitted). Second, the prison official must subjectively "have a sufficiently culpable state of mind . . . one of deliberate indifference to inmate health or safety." Id. (internal quotation marks and citations omitted).

Other Questions


How have the courts interpreted the findings of a federal court in a case brought by a plaintiff in a medical malpractice case? (MultiRegion, United States of America)
Are there any cases where medical malpractice cases have been reviewed in the context of the Eighth Amendment? (MultiRegion, United States of America)
How have courts interpreted the Eighth Amendment standard of care in medical malpractice cases? (MultiRegion, United States of America)
Is there any case law in support of the Eighth Amendment in the context of medical malpractice? (MultiRegion, United States of America)
How have courts interpreted the Fourteenth Amendment in the context of the Eighth Amendment? (MultiRegion, United States of America)
What are the implications of the Eighth Amendment in the context of medical malpractice cases? (MultiRegion, United States of America)
How have courts treated medical malpractice in the context of the Eighth Amendment? (MultiRegion, United States of America)
How have courts treated medical indifference claims in medical malpractice cases? (MultiRegion, United States of America)
How have courts interpreted a finding that a defendant is liable for misconduct in a medical malpractice case? (MultiRegion, United States of America)
Can an application for discretionary relief from the Court of Arbitration for Disproportionate Medical Demand be made in a medical malpractice case? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.