Discovery is a pre-trial process where lawyers for the victim’s family and the drug rehab’s lawyers exchange information about the case.
When alleged negligence from a drug treatment center is involved, lawyers for the family would demand documents and testimony that might show how a facility failed a patient.
The ultimate goal is to help families earn justice for the tragic loss of a loved one, and to win support so they can have a secure future.
The Evidence in Discovery
The discovery phase basically lasts from the time the case starts to when a trial begins. Opposing parties in a case turn over materials and evidence they intend to present to a judge and jury.
This process has many functions, but in some cases, it can lead to a settlement, making a trial unnecessary. Representatives for the drug rehab owners may see the evidence stacked against them, and they could decide to offer the grieving family a substantial settlement to save the cost of a trial.
These are a few other reasons for a discovery phase:
- Levels the playing field. Both sides have access to the same evidence for a fair trial. No side is surprised by evidence and testimony.
- Finding out what witnesses will say. Witnesses can be interviewed in person or be asked to write out answers to questions. This helps lawyers for both sides figure out who they should call to the stand.
- Requests for Admission. Rehab Facility owners respond to questions to determine what they accept as fact in the case and what they’ll deny. This helps focus the case on the real issues.
- Exchange of documents. The family’s lawyer officially requests documents and findings that may have been held behind closed doors at the facility.
- Turning over surveillance video and security records.
See: Why drug rehab lawyers try to classify deaths as “medical emergencies.”
The Rehab Negligence That Discovery Reveals
The family’s legal representative will be seeking all evidence that points to the drug rehab facility’s mistakes during the critical moments that decided life or death.
In discovery, they’ll request documents, testimony, and findings that show these and other failures by the facility’s staff and managers:
- Mistakes made in the response to an overdose. (e.g., failure to call 911, failure to use NARCAN, failure to perform CPR)
- Failure to monitor patients adequately, especially if they are allowed time to overdose on a drug like Fentanyl.
- Forensic evidence that shows that monitoring logs and bed check records were falsified.
- Failure to uphold marketing promises and promises made directly to families about care and supervision.
- Security records showing how drugs may have entered the facility.
- Failures in patient care backed up with surveillance video.
- Evidence that a facility was providing unsafe care that it wasn’t licensed to provide.
- Hiring records that show a staffing shortage or a failure in background checks of employees.
An experienced California Rehab Facility Wrongful Death Lawyer fully investigates a heartbreaking death and why it occurred. A skilled lawyer builds a strong case that’s ready for trial in case a facility refuses to accept blame in a preventable accident.
Contact a Lawyer For a Free Case Consultation
Families are empowered to seek justice and support after losing a loved one while in the care of a negligent drug rehab clinic. They should get help with funeral costs and in paying leftover medical bills. They should receive help in replacing the income the family may have relied on from the victim.
Martin Gasparian can help families earn this support and more. He wants negligent rehab businesses to be held fully accountable.
Contact us to schedule a free, no-obligation consultation. And remember, when families need representation, they don’t have to stress over paying a lawyer. We represent families and only get paid if we win for them. Then, our fee comes out of the settlement or court judgment the family is awarded.