Is misdiagnosis and prescription of incorrect medication a medical malpractice?
MultiRegion, United States of America
The following excerpt is from Franklin v. Cal. Dep't of Corr. & Rehab., CASE No. 1:12-cv-01542-LJO-MJS (PC) (E.D. Cal. 2013):
Misdiagnosis and prescription of incorrect medication, without more, may be medical negligence, malpractice. But mere negligence is not a basis for a 1983 action. Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir. 1980), citing Estelle, 429 U.S. at 105-06.
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