How have courts treated common law negligence claims of malpractice under the 8th Amendment?
MultiRegion, United States of America
The following excerpt is from Buchanan v. Garikaparthi, Case No.: 15cv0059-BEN-MDD (S.D. Cal. 2017):
It is important to differentiate common law negligence claims of malpractice from claims predicated on violations of the 8th 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. 1980) (citing Estelle, 429 U.S. at 105-06); see also Toguchi v. Chung, 391 F.3d
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