How have courts treated medical malpractice in the context of the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Nogbou v. Mayrose, No. 09-4658-cv (2nd Cir. 2010):
Estelle v. Gamble, 429 U.S. 97, 105-06 (1976) (noting that mere negligence in diagnosis or treatment is insufficient to state a valid Eighth Amendment claim and emphasizing that "[m]edical malpractice does not become a constitutional violation merely because the victim is a prisoner").
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