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

MultiRegion, United States of America

The following excerpt is from Solomon v. Negrete, No. CIV S-10-2103 WBS GGH P (E.D. Cal. 2011):

Superimposed on these Eighth Amendment standards is the fact that in cases involving complex medical issues where plaintiff contests the type of treatment he received, expert opinion will almost always be necessary to establish the necessary level of deliberate indifference. Hutchinson v. United States, 838 F.2d 390 (9th Cir. 1988). The dispositive question is ultimately not what was the most appropriate course of treatment for plaintiff, but whether the failure to timely give a certain type of treatment was, in essence, criminally reckless.

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