The following excerpt is from Alvarez v. Ko, Case No.: 16-CV-1302-CAB-NLS (S.D. Cal. 2018):
negligence is insufficient to establish deliberate indifference to serious medical needs. See Wood v. Housewright, 900 F.2d 1332, 1334 (9th Cir.1990).
The subjective showing requires a showing that the individual acted with deliberate indifference. Toguchi, 391 F.3d at 1057. The prison official "must not only 'be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists,' but that person 'must also draw the inference.'" Id. (quoting Farmer v. Brennan, 511 U.S. 825, 837 (1994)). In other words, an inadvertent failure to provide adequate medical care, negligence, a mere delay in medical care (without more), or a difference of opinion over proper medical treatment, all are insufficient to constitute an Eighth Amendment violation. See Estelle, 429 U.S. at 105-07; Toguchi, 391 F.3d at 1059-60. Rather, deliberate indifference requires more, such as a showing of intentional denial, delay or interference with a plaintiff's medical care. See Estelle, 429 U.S. at 104-05.
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