California drug rehab facilities have a duty to inform family members after a loved one overdoses and dies.
However, the facility may not mention the cause of death or that a drug overdose was involved. This is often to protect the facility from staffers making a statement that could be used as evidence of negligence later.
A staff member may be instructed to only refer to the death as a “medical emergency.” The staffer may also be trained to refer all other questions to the medical examiner or coroner.
A Lack of Information After a Rehab Overdose Death
Families may get a heartbreaking call from a drug rehab clinic that a loved one has passed on. Grief may also be mixed with frustration as details about what happened seem to be hard to come by.
That lack of information may be intentional. A staff member at a rehab clinic will likely be trained not to reveal any damaging information that might put a rehab’s parent corporation in jeopardy.
They may work off a set script when contacting parents, a wife, or a legal guardian about what happened.
The staffer may be directed to:
- Avoid mentioning a cause of a tragic death, such as an overdose
- Avoid mentioning that a drug was involved, such as fentanyl
- Avoid putting an exact time on when the death occurred
- Definitely avoid mentioning any medical errors
- Avoid mentioning any internal investigation into the death that may be underway
The extent of a tragic call may be to alert family members that their loved one has died and that it was a “medical emergency.” In fact, family members may not know what caused the fatality until a medical examiner makes a final determination on a Death Certificate.
Questions Family Should Ask After an Overdose Death
Families will be right to be suspicious and anxious about how a loved one was allowed to pass away. And they don’t have to wait for an autopsy or death certificate to demand answers.
When an overdose is involved in a rehab death, it’s strong proof that there was negligence on the part of the drug treatment center. The center obviously allowed the drug to enter the facility, likely after promising that it was a “drug-free” environment.
These are some important questions that the family can seek answers to:
- How did my loved one get access to fentanyl?
- How long did my loved one go without being checked on?
- When was an overdose discovered?
- What was done to stop the overdose and save my loved one’s life?
- When was an ambulance called for?
The answers can point to negligent security on the premises. It can point to careless or untrained staff. It may indicate the facility was understaffed to provide proper care.
These and other breakdowns in the care and protection of patients can leave a drug rehab facility owner fully liable for the family’s emotional and financial hardships in the aftermath.
Support Available for Families After an Overdose
A California rehab facility wrongful death lawyer would fully investigate the facility. An experienced lawyer would secure all evidence, even when a facility and its lawyers were trying to cover up documents and footage. Legal requests for evidence would be made to keep facilities from finding ways to block access.
Once all the evidence was in, a lawyer could file a wrongful death claim on behalf of a grieving family.
With the wrongful death claim (and in some cases, a Survival Action), a lawyer would demand these and other benefits for the family’s future:
- Money to pay for a funeral and burial service.
- Money to cover remaining medical bills left behind.
- Replacement of any income that the deceased would have provided the family.
- Support for the loss of care, security, and guidance that a loved one provided.
- Support for parents who lose a child at an adolescent drug rehab center, especially for their loss of companionship.
- Punitive damages penalizing rehab providers, with the fines going to family members.
Punitive damages aren’t awarded in every wrongful death case. They are intended as an extra punishment for health care companies that are grossly negligent. That might include a facility that lies to families and investigators about its negligence.
Owners are hit with fines to hopefully discourage them from allowing such negligence again. Any fines paid would go to the family.
Contact Us if Your Loved One Was Killed by an Overdose in a Drug Rehab
Attorney Martin Gasparian offers a free, confidential consultation to families who lost a loved one to an overdose allowed at a California drug rehab facility.
We will go over all the facts and help family members determine if they could earn more with legal representation.
There’s no obligation, but all families should be informed that there are no upfront costs to hire a skilled lawyer. We don’t get paid unless we win your case. Then our fee comes out of the settlement a drug rehab facility must provide.