Generally, families would want a lawyer who handles both standard negligence wrongful death cases and medical malpractice cases.
A case against a negligent drug rehab could be framed as one or the other in some instances. However, there are limits to what families can earn in some medical malpractice cases, while standard negligence cases aren’t capped.
A skilled wrongful death attorney helps families determine the right way to direct a lawsuit, so they can earn justice and the most support available. Contact us for a free consultation with a real California Lawyer to find out more.
Standard Negligence and Medical Malpractice
In many heartbreaking rehab death cases, there are mistakes of all types that lead to a tragic outcome. Some errors may fall under medical malpractice, involving an issue like a doctor’s or nurse’s mistake.
Other errors may involve standard negligence, like those in a personal injury case. They might involve a staff member’s failure in their monitoring and care for a patient.
One case may involve both kinds of carelessness, but it matters how a case is filed. A case filed as medical malpractice can have limits on what it may win for the families left behind.
An experienced lawyer with a background in both standard negligence wrongful death and medical malpractice cases is often a great resource for families trying to figure out how to earn justice. Families will want to know their options and how to punish a negligent facility owner or company as much as possible.
Examples of Medical Malpractice Cases
Your lawyer will fully investigate your case, examining the evidence, and determine if your family has a stronger case for medical malpractice or standard negligence.
The American Bar Association defines medical malpractice as mistakes made by a professional healthcare provider “…whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.”
In a drug treatment center setting, medical malpractice might involve these and other errors:
- A doctor who makes a misdiagnosis
- A nurse who fails to take an accurate reading on vital signs
- A pharmacist who provides the wrong dose of a withdrawal prescription medicine
- Failure to medically supervise patients in detox and suffering from withdrawal
Evidence of these mistakes can be difficult to obtain when it’s locked up in rehab offices. Lawyers for the rehab clinic will also make it difficult for families to secure proof. A skilled
A California Rehab Facility Wrongful Death Lawyer helps families nail down evidence of medical malpractice and request that important evidence be preserved.
Examples of Standard Negligence in Drug Rehabs
Some tragic overdose deaths are the result of normal negligence in the drug rehab facility. Wrongful death cases can hinge on the actions taken by staff members or the dangerous conditions allowed in the living quarters of a rehab.
These are a few of the devastating mistakes that would fall under standard negligence:
- Security guard’s failure to keep drugs out of the facility.
- A rehab owner’s decision to cut staffing to dangerous levels.
- A failure of staff members to complete bed checks.
- A failure to monitor a patient to prevent self-harm.
- A failure to keep patients from attempting elopement.
- An injury or death allowed during an outing from the facility.
- A failure to monitor patients in withdrawal for cardiac issues and other complications.
- A failure of staff members to react to an overdose correctly (e.g., calling 911, administering NARCAN)
Why It Matters What Type of Lawsuit Is Filed
Having a lawyer with a strong history of building medical malpractice cases and standard wrongful death claims is critical for families.
There is an important difference, though. The support in a standard negligence case isn’t capped. Families can earn as much as necessary to cover their financial burdens, their emotional losses, and to replace the income the victim may have provided the family.
But the compensation in a medical malpractice case can hit limits and leave the victim’s spouse or children with less. Under California’s MICRA Act, the non-economic damages families may receive are capped. This can include support for their emotional losses, which are a major part of their hardships. The cap currently stands at around $500,000.
What’s more, medical malpractice cases often require stronger evidence, and it can be harder for families to prove their case and earn justice. These cases can be more complex and take longer to resolve. A medical malpractice case may also let a careless drug rehab staff and owner off the hook for major safety issues.
So, a skilled attorney would consider whether families may receive more money by focusing on a standard negligence claim. That extra support can make a big difference for the family in the years ahead. This also holds negligence rehab companies liable and makes sure their decisions are called out.
Bottom line: The way a rehab wrongful death case is framed often makes a difference in the amount of support a grieving family receives. Some families also consult with the wrong law firms and end up being turned down and being told they don’t have a case. This shouldn’t happen, and speaking with a reputable lawyer who can navigate any type of claim for families makes sure no support is forfeited.
Contact Us if Your Loved One Was Allowed to Die in a California Rehab
Families must remember that a loved one who dies while in the care of a rehab facility is not at fault.
To make sure family members don’t forfeit their right to support, Attorney Martin Gasparian offers a free, confidential consultation to all family members. It’s a no-risk, no-obligation way to find out what a wrongful death case would be worth and how to hold a negligent drug treatment program fully responsible.
Remember, there are no upfront costs to you and your family if you need to hire a lawyer. We aren’t paid unless we win your case for you. Then our fee comes out of the settlement check a negligent recovery business must write.