When inpatient drug rehab facilities admit your loved one, they take responsibility for the 24/7 well-being of someone in recovery.

They promise to provide an environment where they can get better.

They promise a 100% drug-free facility.

They promise 24/7 monitoring of your loved one.

But the question can always be asked: if these promises were kept, then how did your loved one find an opportunity to use drugs?

Your loved one may have concealed and taken a drug, but they aren’t always held responsible for their actions. California rehab facilities can be negligent in their promise of care, and that can leave them to blame for your family member’s drug use.

Taking Action: Building a Case Against a Drug Rehab Clinic

Drug rehab facilities must follow strict standards of conduct set by the state, by federal authorities, and as found in their own company policies.

When these laws and corporate guidelines are ignored, and a patient gains access to drugs, the facility and its owners can be held responsible for the consequences.

Family members taking a stand for a loved one injured in a clinic are right to demand accountability.

That should include questions such as:

• how a patient gained access to drugs after being thoroughly searched?
• how were they able to use drugs while being constantly monitored?
• how could a loved one overdose on a drug like fentanyl and suffer injuries, if staff members were monitoring for signs of an overdose?

Filing a claim is one thing. But proving facility doctors, nurses, and staff members were negligent in their duties can be difficult. Private equity firms or large corporate behavioral health networks own many rehab facilities. These businesses can afford teams of lawyers to try to protect them. These lawyers can make getting internal evidence extremely difficult.

You may need a skilled attorney to even the playing field for you and your loved one.

Gathering Evidence for Your Claim

Your attorney should be looking for evidence that negligent security, negligent hiring, or negligent monitoring played a role in your loved one’s drug abuse.  Records should reveal a mistake by a member of the staff, or even an intentional act if a clinic employee sold drugs to a patient.

Your attorney demands these pieces of evidence and documentation through official requests and subpoenas.

• Duty logs
• Logs showing how often staff members and your loved one interacted
• Logs showing any visitors your loved one received
• Legal requests for surveillance video and cell phone records
• Information on whether clinics employed enough staff members (understaffing)
• Hiring records, background check information (evidence of negligent hiring and underqualified staffing)
• Logs of the administering of medication and controlled substances
• Incident reports from the facility’s internal investigation
• Evidence from investigations performed by local police or Sheriff’s Department

In the case of an overdose on a drug like fentanyl, the response can also leave a treatment center liable for damages. An experienced California drug rehab facility negligence attorney would explore how much time passed before an overdose was identified. How long did it take staff members to call 911? Was Narcan or another medication administered correctly?

More About Narcan from the CDC

Contact Us if a California Rehab Facility Allowed Your Loved One Access to Drugs and to Get Hurt.

Families can file claims on behalf of their loved ones who are hurt in a drug rehab clinic. But they can also be made to feel completely alone and powerless. We never want to see traumatized families face this type of unfair treatment.

Attorney Martin Gasparian offers a free, confidential consultation to families who lost a loved one at a California rehab facility.

It’s a way to find out what a drug injury is worth and how to force a facility to accept blame.

What If I Can’t Afford a Lawyer…

If you require our help, you don’t have to worry about how your family will pay a lawyer. Mr. Gasparian works on a contingency basis. It means you don’t pay unless he wins for you. Even then, the attorney’s fee is paid out of the settlement check a rehab clinic must write for your family.

Call us today or fill out a free case review form.