Drug rehab facilities are liable for the health and safety of patients, even after they’ve been discharged.

Under California law, facilities must not discharge patients when they aren’t able to manage their Substance Use Disorder (SUD), when they have no safe place to go, and when they will need medication they won’t have access to.

When staff members release patients too early, without medical clearance, they can be fully liable in a wrongful death claim.

The Dangers of an Early Discharge

Drug rehab facilities must provide a safe environment for SUD patients to recover in. They should constantly be working to a point where patients could be released safely. But sending a drug rehab patient out into the world too soon could prove dangerous. It could also prove illegal.

Drug rehab facilities are required to make a plan for discharging a patient that includes a qualified medical assessment and an assurance that a patient has a safe place to go.

• Releasing patients without informing them of the increased risk of an overdose due to their reduced tolerance to a drug after detox.
• Releasing patients at night into a more dangerous situation and when it may be harder to reach family members. A discharge may have occurred at night purposely, so that facilities could expel a patient without a lot of scrutiny.
• Releasing patients without the approval of a doctor.
• Releasing patients who are still experiencing withdrawal.
• Releasing patients who require medication they won’t be able to get.
• Releasing patients without notifying a family member.
• Releasing patients without plans to join a sober living home or group therapy support.

These and other errors in judgment may be the reason patients lose their lives shortly after a discharge. A facility may just be understaffed and mistakenly let a patient at risk to leave.

Greedy facility owners and operators could also approve an early discharge simply to open up a bed to earn profits. It’s an illegal practice known as “patient dumping.” The patient whose insurance money has run out is kicked out of a clinic, no matter their condition.

These heartless acts can be deadly decisions, and drug treatment centers should be fully liable. It’ll take difficult-to-obtain evidence to back this type of case, but a California rehab facility wrongful death lawyer can secure that proof and file a strong wrongful death claim.

The Laws Protecting Drug Rehab Patient Discharges

California law requires all patients to have a discharge plan contributed to by facility staff members, counselors, and doctors.

California Health and Safety Code – HSC § 1262.5

“(a) Each hospital shall have a written discharge planning policy and process.

(b) The policy required by subdivision (a) shall require that appropriate arrangements for posthospital care, including, but not limited to, care at home, in a skilled nursing or intermediate care facility, or from a hospice, are made prior to discharge for those patients who are likely to suffer adverse health consequences upon discharge if there is no adequate discharge planning…”

Any discharge decision should involve the assessment of a medical professional. Doctors should be looking at the patient’s physical health, their mental state, the medication needs, and consider their other health issues.

Families who are given the excuse that a patient broke rules or violated policies should get a full explanation of what a loved one did and the rules broken.

Evidence Needed to Hold a Negligent Drug Rehab Liable

Family members may struggle to secure important evidence needed to prove a drug treatment center’s negligence after an overdose. Corporate lawyers may do their best to block access to important documents. Staff members may lie about their care for a patient before sending them out the door.

A skilled attorney can make a big difference in securing powerful evidence of negligence. An attorney can write a “preservation of evidence request letter” to keep surveillance video from “accidentally” being overwritten.

Staff notes, doctor’s charts, counselor recommendations, and medication records can also show whether a patient was ready for discharge. A family’s legal representative can also file a claim and enter frustrating negotiations with liability insurers, all while providing as little disruption to grieving families as possible.

Contact us if a drug rehab facility 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 after they were discharged from a rehab too soon.

He can help families gather evidence and sue California facility owners, even if the rehab center has since been shut down. We win families the full support they need to avoid financial issues in the future.

This meeting comes with no obligation. There are also no upfront fees if you need to hire a lawyer. We don’t get paid unless we win the case for your family. Then our fee comes out of the settlement your family receives.

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