What is the test for an Eighth Amendment claim arising from medical negligence?
MultiRegion, United States of America
The following excerpt is from Riles v. Mark Buchanan, Dir of Med. SVC, Carson Wright, DR, Michael Blue, Co., 15-3336-pr (2nd Cir. 2016):
To prevail on an Eighth Amendment claim arising from medical care, a prisoner must establish two elements: 1) a "sufficiently serious" deprivation of medical care measured from an objective perspective; and 2) an official's act or omission accomplished with "deliberate indifference," i.e., "while actually aware of a substantial risk that serious inmate harm will result." Salahuddin v. Goord, 467 F.3d 263, 279-80 (2d Cir. 2006).
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