Any time a patient is released from a California drug rehab facility before they are medically or mentally strong enough, it can lead to a tragic outcome.
Patients can be discharged from a center at night when fewer staff members are working. They may not be fit to be released. A facility may also release a patient against the medical recommendations of doctors and nurses, putting them in extreme jeopardy.
Families who have had a loved one hurt due to a careless discharge from a drug treatment center can seek justice and support through an injury claim.
The Dangers for Rehab Patients Released at Night
Patients discharged prematurely from a California rehab center face many risks outside the secure environment inside a clinic. They may be recovering from a difficult detox. They may not be strong enough to be out on the street and may have less resolve to resist drug temptation.
Some patients are released at night because facilitators know there will be fewer staff on duty, and fewer people to raise questions about a discharge. See: Drug Rehab Staffing at Night
These are just a few of the reasons rehab patients are at risk when they are sent away from a facility at night:
- Patients with nowhere to go during overnight hours.
- Patients still experiencing health risks from withdrawal and detox.
- Patients with less chance of being discovered after an overdose at night.
- More physical safety risks on the street at night.
- A lack of medical staff on duty to confirm the health and well-being of patients being discharged.
- A potential harder time reaching family members to alert them of a discharge.
When Patients Are Discharged Against a Doctor’s Approval
Treatment centers that toss out a patient but don’t have a doctor signing off on the dismissal can face legal action and financial accountability.
When caregivers go against the recommendation of a medical professional, it can leave families with the grounds for a lawsuit if a loved one gets hurt.
Medical professionals may feel that a patient isn’t strong enough to be outside the environment of a treatment center. Patients may still deal with side effects of detox such as heart issues. They will also warn that a patient who has been through detox will not have the same tolerance for a drug like fentanyl. They can be at more risk when taking the same dosage they may have used before going into rehab.
Patients may be quickly expelled if it’s determined that they pose a risk to the staff and other patients. They may be sent out if they break a facility’s rules. But when these reasons are given to a family who has lost someone, it’s fair to ask for documentation showing proof of the alleged grounds for dismissal.
A skilled attorney working for the family will have the experience and skill to obtain these important records. A doctor’s opinion won’t be able to be obscured or downplayed.
The Safe Discharge of Drug Rehab Clinic Patients
There are state and federal ordinances that govern when and how patients can be discharged from a drug treatment facility. California also has a full list of patient rights guaranteed in its Code of Regulations.
“Discharge planning” is a legal requirement under California law, and the planning is also required for patients who are homeless. (California Health and Safety Code – HSC § 1262.5)
As part of a plan, facilities must give reasonable consideration to these and other factors before discharging any patient:
- Their physical condition after detox and rehab
- Their mental health
- The symptoms of other health problems they may have
- Their medication needs
- Their current ability to manage their Substance Use Disorder (SUD)
- Their ability to find safe housing
Facilities also leave themselves open to liability for something termed “patient dumping.” It’s when patients are abruptly expelled from drug rehab clinics because insurance coverage ends or to free up more beds (also a financial decision). Patients may be sent out on the street. They may be sent to a cheap motel or to a homeless shelter.
This practice is illegal under U.S. laws and under California law. Healthcare and rehab network owners can be fully responsible for any harm that comes to someone who was discharged under unsafe circumstances and for unethical reasons.
Families are right to file claims and seek support for funeral costs, for the income used to support the family that’s been taken away, and for the emotional trauma they must live with.
Contact Us If a Rehab Center’s Negligence Hurt Your Loved One.
Attorney Martin Gasparian offers a free, confidential consultation to victims and their families. It’s a no-risk information session after a premature dismissal at a California drug rehab facility causes an injury or a tragic fatality.
Call us today or fill out a free case review form.
A skilled attorney has a great chance to earn families much more than they could by handling these complex cases themselves. And victims never have to worry about paying a lawyer. We aren’t paid unless we win the case. Then our fee comes out of the settlement check a facility must write for you.