The spouse or children of a victim who dies while under the care of a drug rehab clinic can file and seek wrongful death support.
Parents who lose a minor child while they are checked into an adolescent drug rehab facility could also file a wrongful death claim.
A successful claim would need to show that the facility’s staff was negligent in the care and supervision of patients, leading to a tragic death.
The Right to File Wrongful Death Claim
The California Code of Civil Procedure (CCP) explains when loved ones can file a wrongful death claim and who can file.
“A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
- The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.”
The law allows a husband or wife, or domestic partner, to file a wrongful death claim, often on behalf of the entire family. A domestic partner is defined in the CCP as “a person who, at the time of the decedent’s death, was the domestic partner of the decedent in a registered domestic partnership.”
The children of the victim would also have the right to file a wrongful death lawsuit. Biological, adopted, and stepchildren would usually also be granted this right.
If a victim didn’t have a surviving spouse or children, any family member could file a claim, including the parents or the siblings.
Proving a Drug Rehab Facility Caused a Loved One’s Death
The code above mentions the “neglect of another,” and that’s important when trying to prove a drug treatment facility is responsible for a loved one’s death.
Drug facilities can promise constant care for patients, but once a check clears, they can go back on their promises. In some cases, it’s simply a careless mistake by a careless employee that leads to a tragedy. Regardless, facility network owners must be held accountable.
These and other examples of inaction can serve as proof of liability:
- Negligent security in keeping drugs out of a facility
- Negligence in monitoring a patient’s activities
- Negligence in catching an overdose on a drug like Fentanyl
- Negligence in calling 911 after an accident occurs
- Negligence in taking the proper action to treat an injury or overdose
- Negligent in hiring properly trained staff members
- Negligent in proper background checks for staff members
These acts of carelessness can leave any facility fully liable for a tragic death. However, without proof, lawyers for the owners and operators of clinics can find ways to blame your loved one for a fatal accident and toss out your claim.
A skilled attorney can help your family seek justice and gather the evidence to show a facility’s complete negligence. See: A Rehab Overdose Evidence Checklist
Contact Us if a California Rehab Facility Contributed to Your Loved One’s Death.
Families who can prove a rehab center’s negligence can secure wrongful death support. This support can help families face funeral costs, cover leftover medical bills, and replace lost income. The emotional trauma families are left to cope with can also earn full support.
Attorney Martin Gasparian offers a free, confidential consultation to families who lost a loved one at a California drug rehab facility.
Call us today or fill out a free case review form.