What is the legal test for deliberate indifference by a prison official in the context of medical malpractice cases?

and disregarded that need. Deliberate indifference is a high legal standard, Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004), and under this standard, the prison official must not only be aware of the facts from which the inference could be drawn that a substantial risk of serious harm exists, but that person must also draw the inference, Toguchi, 391 F.3d at 1057 (quotation marks and citation omitted). If a prison official should have been aware of the risk, but was not, then the official has not violated the Eighth Amendment, no matter how severe the risk. Id. (quotation marks and citation omitted).