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Ninth Circuit March 27, 2020 No. 18-17211Not cited Unpublished
In his complaint, Kornberg asserted that VA doctors were negligent for “failing to provide proper, appropriate and necessary care and treatment” to Kornberg’s shoulder injury.
Instead, Kornberg characterized his claim as targeting the lack of “supervision of the VA doctors at issue and how that negligent supervision contributed to his injuries,” and 2 he asserted that the Government had not complied
The Government cannot be held vicariously liable unless the doctors themselves were negligent or otherwise engaged in “actionable conduct.” McCrosky v. Carson Tahoe Reg’l Med.
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D. Nevada October 10, 2024 No. 2:24-cv-00129Not cited
The 15 Commissioner also contends that the allegation that Plaintiff’s doctors were negligent is not a 16 basis for remand or reversal.
See e.g., 11 Osenbrock, 240 F.3d at 1164 n.1. 12 Plaintiff’s allegation that his doctors have been negligent also is not a proper basis for 13 remand or reversal.
This did not include whether Plaintiff’s doctors were 23 negligent, so this issue is not properly before this Court.
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S.D. California March 4, 2024 No. 3:23-cv-02284Not cited
“[A]n inadvertent failure to provide 12 adequate medical care,” allegations that “a physician has been negligent in diagnosing or 13 treating a medical condition,” or “medical malpractice” do not state an Eighth Amendment 14 claim
Lu actually drew such an inference, as 23 opposed to merely alleging a disagreement with the other doctors, or at most a negligent 24 diagnosis.
Toguchi, 391 F.3d at 1058 (a disagreement over the necessity or extent of 25 medical treatment does not show deliberate indifference); Estelle, 429 U.S. at 105–06 26 (allegations that “a physician has been negligent in diagnosing
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698 F. App'x 465 Ninth Circuit October 5, 2017 No. 16-17073Not cited Unpublished
Gamble, 429 U.S. 97, 106 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976) (“[A] complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth
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E.D. California June 16, 2022 No. 1:19-cv-01442Not cited
reported the stomach condition in writing, Plaintiff’s allegation of an earlier verbal report is not sufficient for a 9 reasonable jury to find that Defendant acted deliberate indifference to serious medical needs, rather than negligence
Estelle, 429 U.S. at 10 106 (“[A] complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid 11 claim of medical mistreatment under the Eighth Amendment.”). 12 | (Doc. 53
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E.D. California March 3, 2020 No. 2:17-cv-00981Not cited
On February 24, 2020, plaintiff filed a document entitled, “Motion 22 Seeking an Emergency Order,” subtitled “Prima Facie Showing Gross Negligent Medical 23 Malpractice.” (ECF No. 70.)
Plaintiff recounts various doctors’ statements and alleged negligent 24 treatment from Lancaster State Prison, “Tri City San Diego,” Bakersfield, and San Diego, 25 California. (ECF No. 70 at 1-2.)
(ECF No. 70 at 2.) 28 //// 1 Plaintiff has previously been informed that medical malpractice and negligence are 2 | insufficient to state an Eighth Amendment violation. (ECF No. 7 at 3-5.)
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Ninth Circuit November 15, 2021 No. 20-35639Not cited Unpublished
At most, the record shows a difference of opinion between Plaintiff and her treating physicians, or mere negligence. A difference of medical opinion does not constitute an Eighth Amendment violation. Id. at 1058 .
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W.D. Washington July 14, 2025 No. 3:23-cv-05459Not cited
expert physician 17 specialist explaining to a jury the standard of care for a particular procedure by describing 18 the procedure’s steps and then explaining, through reference to the medical records, what 19 steps the allegedly negligent
physician took.
The expert would not be permitted to testify 20 that, in his opinion, the reviewed physician was or was not negligent. 21 Similarly, Troy will be permitted to rebut any evidence produced in Washington’s 22 case in chief regarding
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W.D. Washington December 12, 2019 No. 2:19-cv-00744Not cited
It would be manifestly unfair to allow HOC to point to the physicians’ or the hospital’s negligence to reduce its potential liability but prevent Plaintiff from asserting medical negligence claims in the same action.
Apparent Validity of Plaintiff’s Claims 8 In the proposed amended complaint, Plaintiff alleges claims of negligence against 9 the doctors and Swedish and negligent failure to maintain against Swedish.
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E.D. California February 3, 2026 No. 2:24-cv-01847Not cited
Allred, a physician employed at F.C.I. Herlong.
A claim of 1 medical malpractice or negligence of a physician is cognizable under the FTCA. 22 U.S.C. § 2 2702.
Therefore, this case proceeds on a claim for medical malpractice or negligence of a 3 physician against the United States and a violation of the Eighth Amendment against Dr. Allred. 4 II.
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E.D. California June 4, 2020 No. 1:19-cv-01698Not cited
“[A] complaint that a physician has been negligent in diagnosing or treating 25 a medical condition does not state a valid claim of medical mistreatment under the Eighth 26 Amendment.
At best, Plaintiff’s claim sounds in 23 negligence or medical malpractice, but, as noted, “a complaint that a physician has been negligent 24 in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment
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W.D. Washington February 16, 2021 No. 2:21-cv-00060Not cited
This includes “common law actions for negligence.” Wash. State Physicians 9 Ins. Exch. & Ass’n v. Fisons Corp., 858 P.2d 1054, 1066 (Wash. 1993).
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E.D. California August 31, 2020 No. 1:20-cv-00398Not cited
Additionally, “a complaint that a 25 physician has been negligent in diagnosing or treating a medical condition does not state a valid 26 claim of medical mistreatment under the Eighth Amendment.
Plaintiff appears to allege that a doctor 22 attempted to order a CAM boot, but because he did not know how to use the ordering system, 23 he accidently ordered a post-op shoe.
It is also not clear what occurred after Plaintiff saw the podiatrist. 1 While these allegations might state claim for negligence, “a complaint that a physician has been 2 negligent in diagnosing or treating a medical condition
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E.D. California July 2, 2020 No. 1:19-cv-00189Not cited
“[A] complaint that a physician has been negligent in diagnosing or treating 3 a medical condition does not state a valid claim of medical mistreatment under the Eighth 4 Amendment.
Accepting 25 these allegations as true, they do not suggest deliberate indifference so much as negligence or 26 medical malpractice.
As the Court has informed Plaintiff already, “a complaint that a physician 27 has been negligent in diagnosing or treating a medical condition does not state a valid claim of 28 medical mistreatment under the Eighth Amendment.
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Ninth Circuit January 7, 2025 No. 22-16064Not cited Unpublished
Beregovskaya incorrectly believed Scott was lying about not being able to raise his arm, her subsequent examination and misdiagnosis of his arm suggests at most possible negligence.
See Estelle, 429 U.S. at 106 (“[A] complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the Eighth Amendment.”).
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E.D. California June 16, 2020 No. 2:20-cv-00179Not cited
While the doctor was admittedly 25 negligent, the doctor and the hospital were not guilty of 26 malice, either express or implied. Id.
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849 F.3d 1204 Ninth Circuit March 3, 2017 No. 14-35078Cited by 1,181 Concurrence · Bybee
In Estelle , the Supreme Court rejected an Eighth Amendment claim based on inadvertent failure to provide adequate medical care: [A] complaint that a physician has been negligent in diagnosing or treating a medical condition does
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D. Hawaii May 25, 2021 No. 1:18-cv-00293Not cited
The court agrees with Domingo—a claim for negligent supervision of resident physicians exists in Hawaii law. But the scope of such a claim is not absolute. Id.
Ariyoshi and Spanuchart were negligent in their provision of medical care to Bianca. This allegedly negligent conduct is clearly within the scope of the doctors’ employment as resident physicians.
Haw. 2000), discussed vicarious liability of physicians operating as independent contractors, noting that “cases from around the country have held that although a hospital is generally not liable for the negligence of a physician
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C.D. California November 23, 2020 No. 2:20-cv-10047Not cited
Fourth and last, “a complaint that a physician has been negligent in diagnosing or treating a medical condition does not state a valid claim of medical mistreatment under the CIVIL MINUTES - GENERAL Case No. 2:20-cv-10047-DSF (
named physicians violated his Eighth Amendment rights by negligently failing to warn him of Risperdal’s side effects. (ECF 1 at 3-5).
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E.D. California February 28, 2020 No. 1:19-cv-01734Not cited
“[A] 21 complaint that a physician has been negligent in diagnosing or treating a medical condition does not 22 state a valid claim of medical mistreatment under the Eighth Amendment.
See Estelle v. 14 Gamble, 429 U.S. at 106 (“a complaint that a physician has been negligent in diagnosing or treating a 15 medical condition does not state a valid claim” under the Eighth Amendment).
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