Families who live out of state can file a claim against a negligent California drug rehab center on behalf of a loved one.
The case would be heard in California. In many instances, a California lawyer could represent the family in court while allowing them to remain at home.
Many patients at California drug rehab centers come in from out of state. Families in Arizona, Nevada, or elsewhere may send loved ones to recover in California. Families may find out about a local facility through marketing or have a facility recommended to them.
Forced to File a Wrongful Death Claim from Another State
Families must often make the difficult decision to turn over a loved one’s safety to a drug rehab facility. It’s especially difficult when the facility is hundreds of miles away in another state.
It’s much worse when it becomes apparent that a facility is negligent in its treatment of patients, despite its promises. A rehab staff may neglect to monitor patients closely enough, allowing a deadly overdose or a tragic suicide.
The staff that was supposed to be “highly-trained” may make mistakes in responding to a patient’s health crisis and allow a fatal accident.
Families in other states can absolutely hold a negligent rehab liable for harm done to a loved one. They can file a wrongful death claim against a careless drug treatment clinic.
There are a few things that families filing from other states should know:
- A lawsuit would usually be filed in a California court in the county where the facility was located.
- Powerful evidence would be needed to hold a large corporate owner liable for a patient’s death. This evidence may be difficult for family members in another part of the country to obtain.
- Having an experienced California rehab facility wrongful death lawyer represent your family in such a complex case can provide many advantages.
- A lawyer can make trips to California unnecessary for grieving families. Families can stay home while a skilled attorney files a claim and makes sure they receive justice and full support.
- A lawyer would collect powerful evidence from facilities that’s often made difficult to obtain by corporate lawyers. See: The Evidence Checklist for Drug Rehab Cases
- A California lawyer can negotiate on behalf of the family to reach a settlement
- A California lawyer will have a strong lawsuit prepared and take owners to court if they refuse to accept blame for a tragic accident.
See: How long families can wait to file a claim against a drug rehab.
Negligence in a California Drug Rehab
The evidence can show many reasons why a drug treatment facility staff failed a patient. They may have failed state regulation standards set by the Department of Health Care Services (DHCS). They may have failed the guidelines their own company sets out and advertises, such as a “drug-free” environment.
Lawyers for a drug rehab center will do their best to blame a patient for a tragic death. But they owe a high standard of care to any patient they agree to treat and protect. They must also fulfill the promises they make to paying families.
These are just a few of the common acts of negligence that can lead to a loss of life in a drug rehab clinic:
- During detox, when patients aren’t monitored closely enough while going through a hazardous withdrawal.
- During recovery when a patient somehow manages to obtain drugs in a “secure” facility and overdoses.
- In the aftermath of an overdose, when patients are not watched closely enough for breathing issues, a rebound overdose, and choking hazards.
- When NARCAN and other medications aren’t administered correctly.
- Patients discharged before they are ready, and without warning about how detoxed patients are at higher risk of overdose afterward.
A skilled California attorney can help prove these and other misconduct caused a tragic injury or death and leave facility owners legally responsible.
Patient Brokering From California Rehab Centers
Many families across the state end up sending family members to rehab facilities and sober living homes in California due to promotional and marketing materials they receive.
Drug treatment centers looking for more patients and more profits can advertise their care in other states. Patients are often flown to California to receive care, based on promises made in brochures and through recommendations.
Treatment centers might also give out free flights and certain upgraded care options to attract families and their loved ones.
In some cases, facilities engage in an illegal practice known as “patient-brokering” to attract patients in other regions of the U.S.
It’s a method of scoring new patients by providing incentives to facility workers and healthcare staff to refer discharged patients to California clinics. Staff members may get a commission or free vacation for a recommendation.
An attorney on your family’s side can use evidence of these shady tactics and criminal acts to make it even more difficult for a facility to deny blame for a loved one’s death.
Medical Malpractice Vs. Wrongful Death Negligence
In California, it’s also critical for families to file the right type of claim or lawsuit. It can mean the difference of thousands of dollars in important support the family either wins or gets left out on.
Claims based on medical malpractice (when a healthcare provider’s mistake is involved) have a cap on damages involving non-economic hardships. That can involve very real damages like the emotional pain and loss of companionship that families endure.
Awards for this type of “pain and suffering” damage couldn’t go over around a half-million dollars due to state law. (Settlement amounts of economic damages are not capped)
This cap isn’t in place with regular negligence claims, including personal injury and wrongful death negligence cases. So, families can often earn more for the future when a case is handled as standard negligence instead of medical malpractice.
When possible, a knowledgeable attorney would frame a case as a negligence-based claim so that a family’s potential settlement wasn’t capped.
Contact us if a California drug rehab caused the death of a loved one.
Attorney Martin Gasparian offers a free, confidential consultation to all family members who have lost a loved one at a California detox center. We can help families, no matter what state they live in.
This meeting comes with no obligation. It’s a no-risk opportunity to find out if treatment centers can be held responsible for a tragic death and what they should be offering those left behind. There are also no upfront fees if you need our help. We don’t get paid unless we win justice and support for your family.
Call us today or fill out a free case review form.