What constitutes deliberate indifference to a prisoner's serious medical needs?

MultiRegion, United States of America

The following excerpt is from Dragasits v. Rucker, Case No.: 18-cv-0512-WQH-AGS (S.D. Cal. 2020):

Deliberate indifference to a prisoner's serious medical needs constitutes the "unnecessary and wanton infliction of pain" prohibited by the Eighth Amendment. Estelle v. Gamble, 429 U.S. 97, 104-05 (1976). This includes steps taken by prison guards to "intentionally deny[] or delay[] access to medical care or intentionally interfer[e] with the treatment once prescribed." Id. A claim of deliberate indifference has two distinct elements: a "serious medical need" and the "deliberate indifference" of prison officials. Id. at 104.

Other Questions


Can a prison official's failure to decontaminate a prisoner after exposure to pepper spray lead to deliberate indifference to his serious medical needs? (MultiRegion, United States of America)
Is there any evidence of deliberate indifference or deliberate indifference by prison officials to the medical and dental care provided to a prisoner? (MultiRegion, United States of America)
Can jail staff violate a prisoner's eighth amendment rights if they are deliberately indifferent to the prisoner's serious medical needs? (MultiRegion, United States of America)
Does denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights? (MultiRegion, United States of America)
Is denial or delay of medical care for a prisoner's serious medical needs constitute a violation of the prisoner's Eighth Amendment rights? (MultiRegion, United States of America)
Does a difference of opinion between medical professionals constitute deliberate indifference to a plaintiff's serious medical needs? (MultiRegion, United States of America)
What constitutes deliberate indifference to serious medical needs in prison? (MultiRegion, United States of America)
What constitutes deliberate indifference to serious medical needs of prisoners? (MultiRegion, United States of America)
Do allegations of deliberate indifference in medical malpractice constitute deliberate indifference? (MultiRegion, United States of America)
What is the test for deliberate indifference to serious medical needs of prisoners? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.