When your family member is admitted to a rehab facility for drug addiction, you expect quality care and treatment. Unfortunately, with the abundance of such facilities that are scattered throughout California, some of them don’t meet state or federal standards. That can lead to neglect of patients and result in physical and emotional trauma or even death.
If you or a family member were injured in a drug rehab treatment facility, you can arrange for a free consultation and case review with our California rehab facility personal injury lawyer here at Maison Law. You’re going to be listened to carefully and you’ll be advised of the legal options that are available to you or your family member.
Negligence in a Rehab Facility
A quality rehab facility can be immensely beneficial in helping a drug addict overcome an issue like fentanyl use or addiction. It’s the job of those facilities to maximize and supervisee the safety, physical and emotional health of anybody in their care, especially when patients are highly vulnerable and resistant to proper care and treatment. Both state and federal regulations govern residential treatment facilities, and when regulations are violated, that can lead to patient neglect like the following:
- Improper evaluation of a patient.
- Improper testing for illegal substance use.
- Neglecting a patient’s medical, psychiatric or physical condition.
- Neglecting a patient who might be a harm to himself, herself or others.
- Negligent hiring and retention of employees.
- Physical, mental or sexual abuse.
Should a patient suffer an injury or die as a result of negligent supervision at a rehab facility, California law, recognizes their right or the right of his or her family to pursue compensation for the injuries and damages that were suffered.
Pursuing a Claim or Lawsuit for Damages
If negligence is suspected in the care and treatment of a drug rehab facility patient, the California Department of Health Care Services (DHCS)should be notified immediately. It will initiate its own investigation. For purposes of pursuing a personal injury claim or lawsuit, a patient or decedent’s personal representative is required to prove the following propositions:
- The rehab facility owed the patient a duty of care.
- There was a breach of that duty.
- The breach injured the patient.
- As a result of their injuries, the patient suffered damages.
Regretfully, many California drug rehab facilities aren’t held responsible for negligent supervision in the care and treatment of their patients. Cover ups and denials are frequent responses to inquiries. Many patients and their families aren’t even aware of their rights when a drug rehab facility injury or death occurs. That’s why you need to consult with our California rehab facility personal injury lawyer here at Maison Law as soon as possible after being injured in or losing a loved one in any rehab facility in the state. Report suspected negligence to DHCS right away, and then arrange for that free consultation and case review here at Maison Law. Your questions will be answered, and your full range of legal options will be fully explained. Upon being retained in any rehab facility negligence case, our mission is to maximize any settlement or award that you or your family deserve.
Martin Gasparian is the founder of Maison Law, a California Personal Injury Law Firm. Martin is a graduate of Georgetown University Law School and has been practicing law in California 2004. His practice focuses on helping injury victims know their rights and recover just compensation.