Is a prisoner entitled to a claim for medical malpractice under section 1983 of the Criminal Code because of a difference in opinion between prison medical staff and prisoner medical staff?
MultiRegion, United States of America
The following excerpt is from Ramirez v. Haffner, No. 2:14-cv-2079 GEB KJN P (E.D. Cal. 2017):
Finally, mere differences of opinion between a prisoner and prison medical staff or between medical professionals as to the proper course of treatment for a medical condition do not give rise to a 1983 claim. See Snow, 681 F.3d at 988; Toguchi, 391 F.3d at 1058; Jackson v. McIntosh, 90 F.3d 330, 332 (9th Cir. 1996).
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