Maison Law can help you or someone you care about that’s been injured while in a drug rehab facility in Madera. When you’re in treatment at one of these places, you’re not expecting to have additional problems. But with negligence, that’s exactly what happens. Our team can guide you through the process of getting better and back on your feet. Set up a free consultation today to talk through your options.
Do I Even Need a Lawyer?
Being in a drug rehab facility is an already incredibly fragile time. But you (or someone you care about) still have certain expectations when it comes to your safety and care. That’s why an injury that comes about because of negligence is so demoralizing. You’re quite literally putting your health in their hands. But do you need a lawyer? The answer depends, although in situations like this, it’s more helpful. Our team can:
- Explain your options in plain terms.
- Figuring out what went wrong and who’s ultimately responsible.
- Help you gather the right evidence and information
- Handle all the talks with the rehab facility and their insurance companies.
- Filing a claim or a lawsuit to help you and your family move forward.
Everything comes down to the specifics. A minor incident or injury probably won’t require legal help. But when you’re injured on top of also dealing with drug addiction, it makes everything harder. That’s when you need somebody to make things easier, and that’s exactly what our team can do. And it often starts with getting the right evidence.
What Types of Evidence Will I Need For an Injury Claim?
It’s hard to think about getting evidence when you’re injured in a drug rehab facility. You’re probably just trying to get to the next day, not thinking about all of the things going on in the background. But the reality is that the things going on in the background—namely the facility scrambling to rewrite the story of what happened—are going to factor into what you need to get:
- Photos and videos are usually the first step. Bruises fade, swelling goes down, and hazards like wet floors or broken handrails can disappear. Take these as soon as possible, and continue documenting injuries and any unsafe conditions as things progress.
- Medical records are also important. Keep medical records from the rehab facility and any outside treatment. These are going to show when the injury happened, how it was treated, and if there were delays or mistakes in your care.
- Incident reports and staff notes are going to be important for establishing what the facility’s management knew and what they did (or didn’t do) in your situation. Though they won’t likely give them up willingly, we can make sure to subpoena them before they disappear. Medication logs and treatment notes can also be crucial, especially if your injury happened due to an error in giving you medication.
Of course, every situation is different. Your evidence is going to be unique to what happened to you. But any injury claim is going to be built on a foundation of solid evidence that includes these things. And it’s also important for showing how negligence factored into what happened to you.
How Does Negligence Cause Injuries in Drug Rehab Facilities?
From the outside, it’s almost inconceivable that injuries could happen at a drug rehab facility. But the reality is that there’s always gaps, no matter how seemingly well-run a facility is. It’s because they’re ultimately run by people, and that means negligence can creep in in a variety of different ways. Usually, though, injuries happen because of:
- Lack of supervision. This is among the most common problems, as patients need frequent check-ins, especially during detox, overnight hours, or shift changes. Leaving someone alone for too long can lead to serious injury.
- Understaffing. Obviously, a situation where not having enough trained staff members around is dangerous. It means warning signs can be missed and responses can be delayed. And it’s incredibly frustrating, since it happens because the facility’s management is trying to cut costs.
- Errors in care. There’s also simple errors in the care you receive. In a rehab setting, this is usually based on medication errors. Missed doses, incorrect amounts, or not closely watching how medicine is given out can create dangerous health issues.
- Poor training. There’s also how the staff itself is trained (or not.) Staff who aren’t given the tools to handle medical emergencies, mental health problems, or conflicts between patients all make injuries more likely. This trickles down to high staff turnover, where new employees are placed in challenging situations before they’re fully ready.
- Poor maintenance. There’s also the building itself. As numbers of patients go up, maintenance and upkeep get harder. That can lead to preventable accidents with slippery floors, poor lighting, broken handrails, and cluttered areas.
What all of these things have in common are pretty simple: somebody on the facility side was supposed to do something, but either didn’t or couldn’t because of the situation. It doesn’t make dealing with the aftermath any easier, but it does give you a clue about who’s ultimately responsible.
Who’s Legally Responsible When I’m Hurt While in the Care of a Drug Rehab Facility?
This is one of the hardest parts of any injury claim, and it’s especially hard when a drug rehab facility is involved. This is due to the sheer number of people and moving parts in these places. It’s not always direct employees either, there’s a constant stream of visitors, contractors, outside maintenance people, and a host of others.
But legally, the facility itself usually carries the ultimate responsibility. They have a duty to provide reasonable care and to keep patients safe.
It’s also down to the details though. With these types of cases, there are others that could share responsibility, like:
- The company that manages the facility
- Individual staff members who were involved with the injury
- Contracted medical providers or therapists
- Maintenance or security personnel
- Equipment or medication manufacturers
In a lot of ways, this is the most important part of the whole process. Figuring out legal responsibility gives you a roadmap for what’s ahead and how the claims process will play out.
What’s the Claims Process Like After I’m Injured?
At its core, an injury that results from a rehab facility’s negligence is still an injury claim. That means it’s just like a car accident or slip-and-fall. That simplifies things when it comes to your options:
- Filing an insurance claim. Most rehab facilities carry liability insurance. Filing a claim can help cover medical bills, therapy, lost wages, and other expenses without going to court. Insurance companies still try to limit payments, and what they offer you probably won’t cover everything you need it to.
- Filing a lawsuit. If an insurance claim doesn’t resolve fairly, a personal injury lawsuit may be the next step. Lawsuits allow the facts to be presented in court and take the decision-making power out of the insurance company’s hands.
The goal of either option is to recover damages for your:
- Medical care and ongoing treatment
- Lost income or reduced earning capacity
- Physical pain and suffering
- Emotional distress
- Loss of independence or quality of life
- Wrongful death expenses, if the injury is fatal
Remember, you only have two years from the date of the injury to file. That sounds like plenty of time, but things move very quickly once the injury is reported. That makes it harder to preserve evidence and hold the right people accountable.
Legal Help After an Injury in a Madera Drug Rehab Facility
When you check into a drug rehab facility in Madera, you’re already dealing with a recovery. But when you’re injured while under their care, it brings up huge questions about what happened, why it happened, and what you can do now.
At Maison Law, our Madera drug rehab facility negligence lawyers will be there to answer your questions and help you through the claims process. Set up a free consultation today to learn more.
