Evidence showing a drug rehab facility’s negligence will be critical when seeking support for victims and their families.
This evidence would hopefully include staff logs showing how often patients were checked in on.
Records that detail how an overdose response was handled will be key. Evidence of security lapses may show how drugs got into a facility and into a patient’s hands.
Evidence Needed in a Drug Rehab Negligent Overdose Case
Families who suspect mistakes were made in the response to a loved one’s overdose will require strong evidence to hold a drug treatment center fully responsible.
The evidence (especially critical facility records) needs to illuminate the errors in treatment and response so they can’t be denied.
Here’s a checklist that makes a great start to a strong case against a negligent drug rehab facility:
- Monitoring logs kept by staff (e.g., patient searches, room searches, bed checks)
- Staff schedules
- Medication records
- Surveillance footage
- Security sign-in records
- 911 and cellphone records
- Results of an internal investigation into an overdose
- Hiring records that might show unqualified employees
- The findings from a coroner or medical examiner after a fatal overdose
- Copies of facility policies and contracts with families
- Records of DHCS Inspections and Violations
Unfortunately, gaining access to this and other evidence won’t always be easy. Corporate lawyers work to deny access to these critical details and can even obscure important evidence.
A skilled attorney helps in this process and can take legal steps to secure internal evidence held behind facility walls. A great lawyer will also be a strong investigator. The evidence they uncover will be combined with the information families have managed to secure to increase the chance of earning justice.
Documents from the Victim’s Recovery Journey
Evidence from the victim’s recovery journey will also be important.
Hospital invoices and medical charts might not show who caused a tragic overdose, but they can demonstrate the extent of injuries the victim suffered. This type of information showing the financial damage a severe injury (or a tragic overdose death) can cause is vital when negotiating with insurers over how much they need to cover.
These documents can show how much medical debt they’ve acquired since an overdose and how much treatment they could need in the months ahead.
Families can collect items from this checklist of personal and medical information to serve as valuable evidence:
- All medical bills and emergency response fees
- Medical charts and doctor testimony
- Invoices for mental health counselling after an overdose setback
- Paystubs showing how much income victims have lost while out of work (or how much future support families have lost due to a fatal overdose)
- The costs of a funeral after the tragic loss of an overdose victim
All of this evidence and more will be the best defense when corporate lawyers attack any attempt by victims to earn help with recovery costs. Teams of lawyers for the facility will try to shift blame to the victim. Also, if a victim survives a scary overdose, facility representatives will try to downplay the injuries caused. Evidence matters.
Contact Us if a California Rehab Facility Allowed Your Loved One to Overdose.
Attorney Martin Gasparian offers a free, confidential consultation to victims and their families. Families may need a lawyer’s help after a loved one is hurt. A skilled attorney can keep the blame on the facility and make sure victims and their families get the maximum in support.
An accident at a rehab clinic shouldn’t be blamed on a vulnerable patient, and families should never feel alone when seeking justice.
Call us today or fill out a free case review form.