QUESTION: 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? ANSWER: 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.

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