How have courts treated common law negligence claims of malpractice under the Eight Amendment?
MultiRegion, United States of America
The following excerpt is from Rodgers v. Hyonan, No. 2:15-cv-0361-EFB P (E.D. Cal. 2015):
It is important to differentiate common law negligence claims of malpractice from claims predicated on violations of the Eight Amendment's prohibition of cruel and unusual punishment. In asserting the latter, "[m]ere 'indifference,' 'negligence,' or 'medical malpractice' will not support this cause of action." Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir.
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