Can multiple physician refusals of covered emergency medication, specifically denying to provide covered services without stating cause for the refusal, be considered as “deliberate indifference” in medical care?


When prison personnel make conscious or reckless disregard of the consequences of their acts or omissions, they may be liable for deliberate indifference. However, the courts have objective and subjective tests that could determine whether there is deliberate indifference or not, depending on the case. For example, there may be deliberate indifference if there is an intentional delay in the treatment of a known injury such as in the case of Farmer v. Brennan (1994). The key is for the injury and risk must be clear and known, and the harm or risk of harm caused must be apparent and substantial.

If there is a possible case involving deliberate indifference, the best course of action is to work with a lawyer who has knowledge and experience in dealing with such cases.

Would you like to discuss your legal matter?


image description
Jack Morgan CALL US! 866-205-4971

We will assist in scheduling new and existing clients for all offices. For initial consultations we will ask you a few questions and then find the best time for you to talk to one of the lawyers that best fits your legal matter.

Call us or use the email form and we will follow up with you right away.


The Law Offices of Hogan Injury will provide you with personalized attention and guidance. Protecting your rights is our main objective. We have been representing clients for the past 30 years and our experienced team of attorneys will advise you of the legal consequences of every decision you take.