Negligence Per Se can be used to prove that understaffing issues contributed to a patient getting hurt at a drug rehab facility.
Under Negligence Per Se, a facility can be liable for a patient’s injuries after violating a code or law regarding the minimum staffing at a rehab facility. This would usually make it easier for victims to show that a facility had far too few staff members to provide a safe environment.
Patients who are hurt due to a lack of staffing can seek damages to get help with their medical bills, their lost income, and their emotional setbacks.
Proving a Rehab Facility Is Responsible for an Accident
In a normal personal injury or wrongful death claim, victims would need to show that a drug rehab facility’s carelessness caused a patient to get hurt.
However, in some cases, a treatment center may violate a code or regulation involving understaffing. This would make it possible to hold the facility responsible under Negligence Per Se. It’s a concept that means careless or negligence wouldn’t necessarily have to be proven.
Under Negligence Per Se, victims or the victim’s family would just need to show that a rehab facility had violated a state or federal code. In this case, it would involve the proper staffing of an inpatient drug clinic.
When families could show that the understaffing at a treatment center allowed a patient to pass away, they could seek support for the difficult years ahead. If they could show that the facility broke a law, they may be able to skip the difficult task of collecting evidence (e.g., employment records, financial books, and monitoring logs) and rely on Negligence Per Se.
Code Violations Under Negligence Per Se
When families can show that a California rehab facility broke rules and regulations contributing to the injury or death of a loved one, they may have an easier legal path to earning justice.
California doesn’t legally require one set number of staff members for facilities. The requirements depend on the type of facility, the number and types of patients, and the time of day.
A skilled attorney helps families gather proof that laws were violated and can also collect additional evidence when necessary. One of those legal requirements for rehabs is part of the California Code of Regulations Title 9, which outlines the minimum staffing for some facilities.
“(2) Scheduling of staff which provides for at least two (2) staff members to be on duty 24 hours a day, seven (7) days per week. If program design results in some clients not being in the facility during specific hours of the day, scheduling adjustments may be made so that coverage is consistent with and related to the number and needs of clients in the facility.”
There are different staffing rules for overnight hours when some facility owners try to cut staff and save money while patients are sleeping. Staffing is set at two people, but in normal circumstances, one of the members is allowed to be asleep. Title 9 states that there should be at least one staff member on the job for every 1.6 patients in the facility.
Title 9 also spells out the staffing limitations for adolescent drug rehab facilities.
CCR Title 22 Section 80065 details the qualifications for suitable staff members. It includes the requirement for training for drug rehab center staffers. They include mandates that all employees have training in administering medication and in spotting medical distress (such as the signs of an overdose). Title 22 also outlines the need for a “criminal record review” for any potential hire.
Negligence Per Se in a Drug Rehab Facility Injury Case
Not every injury claim against a treatment center can be won using Negligence Per Se. It can take some legal expertise to hold a large corporate owner fully responsible.
There are some instances where Negligence Per Se is the right path to earning justice for a loved one. It’s often a stronger option when an experienced lawyer can show a repeated issue of understaffing at the facility in question.
After a patient is allowed to fall out of bed to suffer injuries, or overdoses, a lawyer would start looking at just how many staff members were available to help prevent an accident and respond to an injured patient.
A lawyer could go after these and other important pieces of evidence to build a strong case:
- Hiring records of the facility
- Checking the criminal records of all employees
- Disciplinary actions taken against any employees for prior mistakes
- Staff logs showing how often patients could be looked in on
- Security footage showing the negligent supervision of patients
- Expert testimony from healthcare experts discussing when staffing is inadequate
An experienced lawyer fights to ensure that the real story gets out and that a patient’s story isn’t covered up. When the owners of companies or corporations behind rehab chains are discovered to have cut staffing for profits, they should be fully responsible. A negligent rehab facility should face justice, and victims and their family members shouldn’t have to beg for recovery support.
Contact Us if a California Rehab Facility’s Owner Allowed Your Loved One to Get Hurt.
Attorney Martin Gasparian offers a free, confidential consultation to victims who were hurt or families who lost a loved one at a California rehab facility. There’s never any obligation for this informational session.
Call us today or fill out a free case review form.
Remember, if you need a lawyer to help you earn justice, you don’t have to find the money to hire one at such a difficult time. We begin work immediately, but are only paid if we win your case for your family. Then our fee comes out of the settlement check a drug care facility must write for you.