What is the test for a claim of deliberate indifference in a medical malpractice case?

MultiRegion, United States of America

The following excerpt is from Walker v. Schult, Docket No. 12-1806-cv (2nd Cir. 2013):

To meet the subjective element, the plaintiff must show that the defendant acted with "more than mere negligence." Farmer, 511 U.S. at 835. To constitute deliberate indifference, "[t]he prison official must know of, and disregard, an excessive risk to inmate health or safety." Jabbar, 683 F.3d at 57. Evidence that a risk was "obvious or otherwise must have been known to a defendant" may be sufficient for a fact finder to conclude that the defendant was actually aware of the risk. Brock v. Wright, 315 F.3d 158, 164 (2d Cir. 2003).

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