What is the standard for deliberate indifference in medical malpractice cases?

MultiRegion, United States of America

The following excerpt is from Lewis v. Ogbeuhi, Case No. 1:16-cv-00603-BAM (PC) (E.D. Cal. 2017):

Deliberate indifference is shown where the official is aware of a serious medical need and fails to adequately respond. Simmons, 609 F.3d at 1018. "Deliberate indifference is a high legal standard." Id. at 1019; Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir. 2004). The prison official

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must be aware of facts from which he could make an inference that "a substantial risk of serious harm exists" and he must make the inference. Farmer v. Brennan, 511 U.S. 825, 837 (1994). Mere difference of medical opinion is insufficient to state a claim for deliberate indifference. Toguchi, 391 F.3d at 1058.

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