Hernandez v. Keane

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• observing that showing of medical malpractice is insufficient, on its own, to establish deliberate indifference
• stating that showing of medical malpractice is insufficient to support Eighth Amendment claim unless malpractice involves culpable recklessness, an act or omission evincing conscious disregard of substantial risk of serious harm
• noting that findings of negligence or malpractice are not relevant to a § 1983 deliberate indifference claim
• noting that “deliberately refus[ing]” to treat a medical condition “with conscious disregard of the substantial risk of serious harm” constitutes deliberate indifference
• noting that “deliberately refus[ing]” to treat a medical condition “with conscious disregard of the substantial risk of serious harm” constitutes deliberate indifference
• Noting that even “several acts of negligence over a prolonged period . . . is not enough to support an Eighth Amendment violation”

Source: CourtListener parenthetical corpus (CC0).