What is the test for a plaintiff to bring a claim against a health and social services provider for failing to provide adequate medical and dental care in the context of medical malpractice?
MultiRegion, United States of America
The following excerpt is from Estate of Silva v. City of San Diego, Case No.: 3:18-cv-2282-L-MSB (S.D. Cal. 2020):
Servs. of City of N.Y., 436 U.S. 658, 691 (1978). Plaintiffs must establish that the conditions were part of a policy, custom or practice officially adopted by defendants and that the policy or custom "evince[s] a deliberate indifference to the constitutional right and [is] the moving force behind the constitutional violation." Rivera v. County of Los Angeles, 745 F.3d 384, 389 (9th Cir. 2014).
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