Awards for professional medical malpractice in California can be capped.

Compensation for injuries or a tragic death in an overdose caused by ordinary negligence at a drug rehab facility is generally not limited.

With enough evidence to prove negligence, victims can demand full compensation for their medical bills, their time away from work, and the pain and emotional trauma suffered.

Families who have lost a loved one can seek support for funeral costs, lost financial support, and the loss of companionship.

Support Levels for Medical Malpractice Leading to an Overdose

California law puts a cap on some aspects of a medical malpractice settlement. State legislation doesn’t limit what victims can earn for their economic damages (e.g., medical bills, lost paychecks).

The amount victims can receive for non-economic damages (e.g., pain endured, emotional trauma) is limited under California’s Medical Injury Compensation Reform Act (MICRA) and updated under Assembly Bill No. 35.

• The cap on pain and suffering damages in a California medical malpractice overdose case sits at just under $500,000 currently. However, the limit increases each year.
• The cap on a medical malpractice pain and suffering award in an overdose wrongful death claim for families is currently around $650,000, but will increase each year.

Overdose injury cases are usually treated as medical malpractice when they involve a failure by a healthcare provider to meet an accepted medical standard of care. They are negligent in the professional duty to notice the signs of an overdose, to treat the overdose, and to care for the patient.

In a rehab clinic setting, malpractice might involve a provider failing to administer NARCAN properly or administering medication to the wrong patient.

See: More on the difference between malpractice and negligence overdose cases

Support for Overdose Victims Due to Common Negligence

Cases involving standard negligence on the part of rehab facility staff do not usually have a cap on settlements.

Examples of standard negligence can include a security breach that allows drugs to enter the facility. It might involve a careless employee failing to monitor patients at regular intervals. It might involve staff members who don’t receive training or who were hired with criminal records.

When regular negligence is involved, a lawyer would demand full compensation for victims for these damages and more:

• All hospital bills and physical therapy costs paid.
• All income lost while the victim couldn’t go to work replaced.
• Full support for the pain victims are put through.
• Full support for the mental anguish and emotional setbacks patients endure.
• The return of money already paid to a rehab facility for not fulfilling promised care.
• Full support for a family’s future through wrongful death benefits after they lose a loved one to an overdose.

Unfortunately, facilities are often owned and operated by large equity firms or healthcare networks that can afford teams of lawyers. These lawyers can attack a patient’s case, and even try to place all the blame on the victim.

An experienced lawyer in your corner can be an important safeguard. A lawyer with strong negotiation skills can also often win much more for families than they could secure by taking on a giant corporation themselves.

Bottom Line: The determination of whether an overdose injury is due to medical malpractice or normal negligence can make a big difference in the value of a settlement for victims and their families. A skilled attorney can make sure all the facts of a case are uncovered and that it’s considered in the right legal context.

Contact Us if you Suspect Rehab Center Negligence Hurt Your Loved One.

Attorney Martin Gasparian offers a free, confidential consultation to victims and their families after an overdose at a California drug rehab facility.

Call us today or fill out a free case review form.

There’s no obligation for this meeting. But remember, if you find you do need our help, you don’t have to worry about how you’ll pay a lawyer. We are only paid if your claim is successful. Then the attorney’s fee comes out of a settlement a facility must pay you.