What is the test for a claim that a prisoner's civil rights have been abridged with regard to medical care?
MultiRegion, United States of America
The following excerpt is from Wyk v. Rios, CASE NO. 1:09-cv-02222- GSA PC (E.D. Cal. 2010):
Plaintiff is also advised that, before it can be said that a prisoner's civil rights have been abridged with regard to medical care, however, "the indifference to his medical needs must be substantial. Mere 'indifference, ' 'negligence, ' or 'medical malpractice' will not support this cause of action." Broughton v. Cutter Laboratories, 622 F.2d 458, 460 (9th Cir.1980) (citing Estelle, 429
Page 5
U.S. at 105-06). See also Toguchi v. Chung, 391 F.3d 1051, 1060 (9th Cir.2004).
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