dissenting.
Because I find no evidence of deliberate indifference to a serious medical need on the part of Dr. O’Carroll, I would affirm the judgment of the district court.
Before his incarceration, Durmer was examined and treated by his own doctor, Dr. Campollataro. From October 2, Durmer was incarcerated in an interim facility where he received no physical therapy. Five months later, he was transferred to yet another facility where he received no physical therapy. Finally, on or about May 5, 1988, six months after his last stroke, Durmer was transferred to the Mid-State Correctional Facility. Dr. O’Carroll’s first examination occurred shortly thereafter.
As the majority notes, Durmer told O’Carroll of his strokes, his left-side weakness, and his need for physical therapy. Because Dr. O’Carroll had no records of Durmer’s medical history, he waited for Durmer’s full medical records to arrive before prescribing treatment. After receiving and reviewing the records, Dr. O’Carroll referred Durmer to a neurologist to determine the appropriate treatment.
On June 29, 1988, Durmer was examined by Dr. Chaudry at the Neurological Clinic at Trenton State Prison. Dr. Chaudry recommended physical therapy and an evaluation by a neurosurgeon to rule out disc disease as the cause of Durmer’s problem. Dr. O’Carroll testified that he feared that if disc disease were the root of Durmer’s *70problem, physical therapy might cause further injury. Therefore, he had Durmer evaluated by a neurosurgeon, Dr. Scheuer-man, on July 6, 1988 — about a week later. Dr. Scheuerman concluded that Durmer had a clot in a blood vessel in his brain and recommended a bed board and continuous medication with Motrin. Dr. Scheuerman’s written recommendations did not include physical therapy. It appears that Dr. O’Carroll followed Dr. Scheuerman’s recommendations. As the majority notes, Durmer testified that Dr. Scheuerman told him physical therapy would not be effective more than 15 to 18 months after a stroke and that water therapy was not available in prison.
Durmer continued to complain to Dr. O’Carroll about his need for and failure to receive physical therapy. Dr. O’Carroll sent Durmer back to Dr. Scheuerman specifically for a recommendation regarding physical therapy. On October 12, 1988, Dr. Scheuerman recommended that Durmer use the TENS unit and see a physiatrist regarding physical therapy. Ignoring Dr. Scheuerman’s recommendation, Durmer refused to use the TENS unit as prescribed and signed a statement accepting “full responsibility” for his decision.
Dr. O’Carroll then sent Durmer to see a physiatrist, Dr. Carabelli on November 9, 1988. Dr. Carabelli prescribed an orthotic device for Durmer’s left foot and ankle, with three weeks of physical therapy to train him in the use of that device. Durmer testified that he never received the three-week therapy. Dr. Carabelli did not recommend any additional physical therapy because he believed it was too long after Durmer’s stroke to do any good.
I can discern no evidence of deliberate indifference on the part of Dr. O’Carroll. The suggestion that Dr. O’Carroll intentionally delayed physical therapy by referring Durmer to specialists is speculation. When Dr. O’Carroll first examined Durmer in May 1988, it appears from the record that the last recommendation for physical therapy occurred before October 2, 1987, the date Durmer was incarcerated. It seems reasonable that a treating physician examining a patient in May 1988 would not rely on the patient’s request for a specific treatment, based on his doctor’s recommendation some eight months earlier, but would first want to examine the medical records and then refer the patient to a specialist. Dr. O’Carroll sent Durmer to two specialists and largely followed their recommendations. Dr. O’Carroll also offered evidence that he instructed Durmer on exercises to rehabilitate his back and promptly treated several other ailments.1 I see no evidence that Dr. O’Carroll delayed necessary medical treatment for non-medical reasons.
At most Durmer has presented evidence of medical malpractice. It is well-established that medical malpractice alone does not violate the Eighth Amendment. Estelle, 429 U.S. at 106, 97 S.Ct. at 292; see White v. Napoleon, 897 F.2d 103, 110 (3d Cir.1990) (recognizing the “well-established rule that mere disagreements over medical judgment do not state Eighth Amendment claims”). Because I find no evidence of deliberate indifference on the part of Dr. O’Carroll to any of Durmer’s medical needs, I respectfully dissent.
. In May 1988, shortly after his transfer to Mid-State, Durmer complained of an ulcer. Dr. O’Carroll promptly examined him, ordered a UGI, and prescribed Persantine and Zantac. A month later, Durmer complained of a dark bowel movement and a fungus rash. Dr. O’Carroll examined Durmer, found no sign of a gastrointestinal problems, and prescribed a treatment cream for the rash. In September 1988, Durmer complained of pain in his right knee. Dr. O’Carroll sent him to an orthopedist, Dr. Wang, who prescribed use of a hinged knee brace and ordered an arthrogram. O’Carroll also examined Durmer's back several times, prescribed exercises to strengthen it, and — according to Durmer’s testimony — "tried two or three different type [sic] of medications" to treat his ailment.