Families may have to use a death certificate as evidence in a wrongful death claim against a negligent drug rehab facility.
However, a death certificate may read as “pending” in some cases when a medical examiner is awaiting the results of lab tests or police investigations.
Loved ones of an overdose victim can still begin to build a wrongful death case and should speak to a lawyer to begin preparations to hold a careless rehab facility fully responsible.
What Does an Overdose Death Certificate Tell You?
A death certificate is a permanent legal record of someone’s passing. It records the exact time, location, and medical cause of death of the deceased.
In some cases, a death certificate can be left pending by a California medical examiner or coroner.
They may delay a final determination for several reasons.
- Awaiting a toxicology report
- Awaiting autopsy results
- Awaiting lab work
- Awaiting a police investigation report
- Awaiting more evidence from the scene
In the meantime, a temporary death certificate can be issued to allow family members to proceed with basic estate settlement.
Families may be advised to wait until the death certificate is finalized to file a claim or lawsuit against a negligent drug rehab facility.
But loved ones of an Fentanyl overdose victim can certainly begin building their case showing how a facility staff failed to keep a patient from harm. The family should also speak to a skilled California rehab facility wrongful death lawyer as soon as possible to determine their best path to holding facility owners responsible.
An experienced attorney would begin collecting evidence and be ready to file a lawsuit as soon as a death certificate was officially complete.
Toxicology Report Evidence After an Overdose
A toxicology report isn’t part of the short legal summary that comprises a death certificate. However, this report does help a medical examiner determine some key factors in the cause of death.
A toxicology report can show that a victim had fentanyl, heroin, cocaine, and other drugs in the bloodstream. The test might show a general window of time when they were taken.
It doesn’t prove a drug treatment center was responsible for a loved one’s overdose and death. However, it can serve as a part of a strong collection of evidence. It’s strong proof that drugs were available in a facility that was supposed to be “drug-free.”
Frequently Asked Questions
How long can I wait on a death certificate while delaying my wrongful death claim?
Families who lost a loved one to an overdose involving standard negligence have two years to file a claim. This would apply to many wrongful death claims. Families filing medical malpractice cases would have a three-year deadline. For more information, you can visit our page explaining the difference between negligence claims and medical malpractice claims.
What if my family can’t afford to hire a lawyer?
Families don’t have to have any money to hire strong legal representation. Martin Gasparian doesn’t charge anything upfront, and he begins building your wrongful death case immediately. He isn’t paid at all if he loses your family’s case. But if he wins for your family, the fee is paid out of the settlement the family receives.
What type of support is available for victims and families after an injury at a drug rehab center?
Families who tragically lose a loved one to a drug overdose in a facility should receive help with funeral expenses and in paying all remaining medical bills. They should get financial security for the future when they’ll be without the income the deceased may have provided to support the family. Family members may also receive support for the love, guidance, and companionship they’ve lost forever.
Contact Us If Your Loved One Died of an Overdose at a Drug Rehab.
Attorney Martin Gasparian offers a free, confidential consultation to all family members. It’s a no-risk information session to determine what to do after the negligence at a California drug rehab facility claims a precious life.
Call us today or fill out a free case review form.