Is showing of medical malpractice or negligence sufficient to establish a constitutional deprivation under the Eighth Amendment?
MultiRegion, United States of America
The following excerpt is from Yglesias v. Patel, 1:17-cv-01282-GSA-PC (E.D. Cal. 2018):
showing of medical malpractice or negligence is insufficient to establish a constitutional deprivation under the Eighth Amendment." Id. at 1060. "[E]ven gross negligence is insufficient to establish a constitutional violation." Id. (citing Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir. 1990)).
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