What is the test for establishing a violation of the Eighth Amendment based on inadequate medical care?
MultiRegion, United States of America
The following excerpt is from Lowe v. McGuinness, Case No. 1:09-cv-00712 AWI JLT (PC) (E.D. Cal. 2012):
To establish a violation of the Eighth Amendment based on inadequate medical care, a plaintiff must demonstrate "acts or omissions sufficiently harmful to evidence deliberate indifference to serious medical needs." Estelle v. Gamble, 429 U.S. 97, 106 (1976). In other words, the plaintiff must show the existence of (1) a serious medical need and (2) a deliberately indifferent response by the defendant. Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir. 2006).
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