A dual-diagnosis facility treats patients suffering from Substance Use Disorder along with a mental health condition.
People with these two illnesses at the same time can be at higher risk of suicide.
When California dual-diagnosis facilities fail in their treatment and monitoring of patients and allow the tragic loss of life, facility owners can be held liable. Families can seek support through a wrongful death claim.
The Responsibility of Dual-Diagnosis Facilities
It’s a sad reality that Substance Use Disorder (SUD) sufferers must often cope with mental health conditions at the same time. One health issue may cause the other. Co-occurring conditions together can make recovery even harder and more dangerous.
A California dual-diagnosis drug rehab facility is equipped to treat both illnesses for patients. These types of inpatient clinics would be equipped and staffed to handle medically supervised detox. A dual-diagnosis clinic would also provide psychiatric care and behavioral therapies.
Unfortunately, patients dealing with mental health disorders and SUD have a higher rate of suicide and self-harm. The National Library of Medicine reports that patients dealing with bipolar disorder along with alcohol dependence could be twice as likely to attempt suicide as those patients without alcohol use disorder.
Facilities must take all precautions to prevent self-harm and protect patients. In California, they have a legal “duty of care” towards those they admit to their programs. That duty is even higher when patients are vulnerable and depend on the facility for protection. When staff members are negligent in their duty to care for patients, facilities can be held liable for tragic outcomes.
Securing Evidence of Negligence Against a Drug Rehab Facility
Strong evidence will be necessary to hold a facility owner (in many cases a corporation) responsible for their negligence in allowing a tragic death. Owners and operators will have teams of lawyers ready to blame a tragic suicide on the patient.
A skilled attorney can assist families in securing the evidence needed to fight back and earn justice for a lost loved one.
Evidence of this and other negligent behavior would allow families to seek wrongful death benefits from drug treatment centers:
- A failure to properly monitor drug rehab patients and mental health disorder sufferers (bed checks)
- A failure to remove potential methods of suicide
- A failure to properly screen new patients for suicide risk
- Negligence in identifying conditions such as bipolar disorder, depression, PTSD, and anxiety
- Negligent security in keeping dangerous drugs out of a facility
- A failure to address suicide risk when discharging a vulnerable patient
- Negligent training for staff members to properly treat patients with co-occurring conditions
See: Who Can File a Wrongful Death Claim Against a Drug Rehab Facility?
What If My Loved One Signed a Waiver Before Entering a Rehab Clinic?
California drug rehab and mental health facilities generally wouldn’t be able to make patients or their families sign a waiver of their rights to sue.
Patients are often asked to sign right-to-treat documents, consent forms, and privacy agreements. Healthcare facilities aren’t allowed to ask patients to sign away their basic healthcare rights. This would include the right to file claims after an injury or the family’s right to file a wrongful death claim.
A California mental health patient’s rights are listed on the California Department of Health Care Services (DHCS) site.
Waivers don’t protect businesses from liability in many cases. They often cover the basic risks of someone engaging in a certain activity. However, when facilities engage in negligent behavior that puts patients at risk, they are still legally responsible for any injuries or tragic deaths that occur.
Contact Us if a California Rehab Facility Allowed Your Loved One to Die.
Attorney Martin Gasparian offers a free, confidential consultation to families who have suffered the ultimate loss due to a rehab center’s negligence.
Families may need a lawyer’s help to prove a dual-diagnosis facility allowed a patient the opportunity and means to hurt themselves. Mr. Gasparian keeps the blame on the facility and makes sure families earn justice and support.
Call us today or fill out a free case review form. There’s no obligation to you for meeting with us. But remember, if you require our help to take down a rehab facility, you don’t need any up-front money. We aren’t paid unless we win your case for your family. Then our fee comes out of the money a drug treatment center must provide to you.