Detox Center Death

If a loved one died from an overdose at a Detox Facility in California, that facility may be legally responsible.

Overdose deaths at California Detox Centers are not always accidents. Sometimes they are the result of facilities that failed to supervise your loved one.

We hold California Detox Centers accountable when their negligence results in a death. Contact us today for a free consultation.

What is a “Detox Center”?

In California, we have “Detox Centers”, Rehab Facilities, Sober Living Homes, and more. A Detox Facility specifically is licensed by the California Department of Health Care Services (DHCS). As per DHCS regulations, Detox Facilities provide 24-hour residential, non-medical services to adults recovering from alcohol or drug problems, with detoxification/withdrawal management as a core service.

Detox, formally called “withdrawal management”, is the first and most medically dangerous stage of addiction treatment, when the body clears itself of substances and withdrawal symptoms peak. Unlike a rehab program, which focuses on longer-term therapy and recovery, a detox facility exists for one purpose: to keep residents safe through withdrawal.

In California, that purpose comes with legal obligations. California’s standards define withdrawal management as an organized service delivered by trained personnel who provide 24-hour onsite supervision, observation, and support for residents who are intoxicated or in withdrawal.

Are Detox Centers Required to Supervise?

Licensed Detox Centers must provide continuous supervision, observation and support. Requirements include face-to-face physical checks, monitoring of vital signs and trained staff on duty at all times.

If a facility accepted your loved one for detox, it accepted these duties. There is no version of a legally operating California detox program where a resident goes hours without being checked.

How Do Fatal Overdoses Occur at Detox Centers?

Forms of negligence which may lead to an overdose death include, but are not limited to:

Missed Checks: A staff member could miss a required check. Sometimes, logs are falsified to cover this up.
Drugs smuggled in: Inadequate intake searches, unmonitored visitors, or lax security could let drugs reach a resident at their most vulnerable time and/or when their tolerance has dropped.
No Naloxone: Delayed or failure to use Naloxone or Narcan.
Understaffing: One overwhelmed employee covering more residents than the law allows.

Who May be Liable for an Overdose Death?

Facilities proven to be negligent may be held liable for overdose deaths. This could include the parent company and it’s operators.

There are also “unlicensed operators” in California such as “Sober Living Homes” which provide detox services without the legally required DHCS license. Operating a Detox Center in California without a license is illegal.

The Detox Center: It’s parent company and operators.
Unlicensed Operators

Who Can File a Wrongful Death Claim?

The spouse or children of a victim who dies while under the care of a drug rehab clinic can file a Wrongful Death Claim.

Parents who lose a minor child while they are checked into an adolescent drug rehab facility could also file a wrongful death claim.

A successful claim would need to show that the facility’s staff was negligent in the care and supervision of patients, leading to a tragic death.
Compensation in a detox facility wrongful death case may include: