Patients in drug rehabs should be guaranteed constant monitoring so an overdose can be caught quickly and treated. But the staff at a rehab must also be diligent in the aftermath to make sure victims don’t end up at life-threatening risk again.
One risk after an opioid overdose is a “rebound overdose.” This occurs when a patient still has opioids in their system when a dose of NARCAN wears off. There can be enough drugs in the bloodstream to trigger another overdose.
Staff members must continue to closely monitor patients until an ambulance arrives. When they allow a patient to come to further harm, facility owners are liable for an injury or death that occurs.
Rebound Overdose Dangers
A report in the National Institute of Drug Abuse explains that Naloxone (NARCAN is the brand name) can act within three minutes to stop the effects of an opioid overdose.
Unfortunately, it can also dissipate anywhere from 30 to 90 minutes later. That presents a real danger, because strong opioids, like Fentanyl, can remain in the bloodstream longer. It means when the NARCAN wears off, patients may go into a second overdose. This is also known as a rebound overdose.
There are often devastating consequences when negligent staff members leave a patient alone, thinking an overdose is over. But victims may still experience slowed breathing and be allowed to suffer brain damage or death.
Evidence of Negligent Staff After an Overdose
Beyond questions of how a patient managed to get drugs in a “secure” facility, families will want to know how a patient survived an overdose but was still left alone afterward to suffer a tragic death.
A trained staff would know that patients who overdose on opioids like Fentanyl and heroin will need full monitoring, at least until paramedics and an ambulance have arrived. They’ll also know that further doses of NARCAN can be necessary to save a patient’s life.
Loved ones will need to seek evidence of a staff member’s inaction and lack of care after an overdose had been treated.
- Staff logs may show how long a patient was left unattended after being treated for an overdose
- Staff may not have taken proper precautions with overdose patients, such as placing them in recovery position or monitoring their heart
- A failure to administer multiple doses of NARCAN
- A facility may not have enough NARCAN on hand, even though it’s required by law
- 911 should be called immediately after an overdose is identified, but phone records can show a hazardous delay in requesting an ambulance
See: An Evidence Checklist for Families Required to Prove Drug Rehab Negligence.
How Long Can Families Wait to File a Drug Rehab Wrongful Death Case?
Families would usually be granted up to two years to file a wrongful death claim in California. A case classified as medical malpractice would allow waiting up to three years.
Families should not delay or wait years to file.
Drug rehab owners will have corporate lawyers ready to try to conceal evidence. Waiting can mean this evidence is lost and witnesses become harder to locate. It’s best to speak to a lawyer as soon as possible.
See: The difference between wrongful death cases and medical malpractice cases.
Contact Us If Your Loved One Suffered a Fatal Overdose in a Rehab
Attorney Martin Gasparian can obtain the evidence families need to seek justice against a negligent drug treatment facility. He can take action even if a rehab center has since folded up and closed.
Mr. Gasparian offers a free, confidential consultation to families. And if your family needs help, there are no upfront charges to hire a skilled lawyer. There’s no attorney’s fee unless we win your case for your family.
Call us today or fill out a free case review form.