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Can I Sue a Rehab Clinic for a Loved One’s Fentanyl Overdose?

Fentanyl is an opioid that is far more powerful than even morphine. It can be manufactured and used legally or illegally. Thousands and thousands of people in California use the drug illegally. Nearly all of what we hear and read about with fentanyl involves illegally manufacturing and using the drug. People overdose on fentanyl every day, and people die from overdosing on it every day too. The problem continues to grow; every week, it seems like a new drug treatment clinic is opening its doors. Some of these facilities are better than others. Some are fully staffed with doctors, nurses, counselors, and other employees, while many others clearly have insufficient staff to meet patient needs.

Supervision and Monitoring of Rehab Center Patients is Mandatory

When your loved one has been admitted to a treatment center, supervision and monitoring of the patient are necessary, especially if he or she is suffering from withdrawal symptoms. If that loved one gets their hands on whatever they’re addicted to, an overdose with catastrophic injuries or wrongful death can occur. That’s when rehab centers get sued, and we’re seeing increasing personal injury and wrongful death lawsuits against drug treatment centers. If your loved one suffered through a fentanyl overdose while a patient at any drug rehab center in California, contact us for a free and confidential consultation and case review with our rehab center personal injury lawyer here at Maison Law.

Causes of Rehab Clinic Overdoses

One way or another, a patient will either acquire fentanyl on the street or it is brought into the clinic for him or her to use. Patients sneak out of and return to poorly secured rehab facilities every day. Visitors come and go from drug rehab centers just about every day too. One way or another, in an insecure facility, if a patient wants opioids or fentanyl, they’re likely to be able to get it, and that’s what causes overdoses.

Who Can Bring a Fentanyl Overdose Lawsuit?

This question turns on whether the patient lived through a fentanyl overdose or died from it. If the patient lived through the event, he or she might be able to bring the case himself or herself, assuming they’re mentally competent. If not, a guardian or conservator would likely bring the action on the patient’s behalf. If he or she didn’t live through the event, a person designated in California’s wrongful death laws could bring the lawsuit according to section 377.60 of the California Code of Civil Procedure. In either case, the law of vicarious liability might be used in a negligence lawsuit for purposes of allegations involving the act or failure to act of the rehab center’s agents and employees.

California law imposes a two-year statute of limitations from the date of any harmful or fatal overdose to set a deadline for any personal injury or wrongful death lawsuit. Failure to file that lawsuit within the two-year period will likely cause the lawsuit to be dismissed forever. That’s why you’ll want to speak with our drug rehab personal injury lawyer here at Maison Law as soon as you can after your loved one was injured or died from a drug overdose at a California drug rehab center. Contact us for that free consultation as soon as you can. If we enter into a retainer agreement with you, our goal will be to maximize any settlement or award we might obtain on your behalf.

Contact a California Drug Overdose Lawyer

Nothing can bring back the life of a loved one, but families should seek justice after the carelessness of a fentanyl rehab facility causes the tragic loss of life. A wrongful death claim can be an important step to holding opioid rehab clinics accountable. It’s also a way to protect families from financial harm after the sudden death of a close relative.

A spouse, domestic partner, and children will be without the guidance and income the deceased would have provided in the years ahead. These hardships should fall squarely on a healthcare facility that neglected to take proper care of a beloved family member.

Please Contact Maison Law for a free case consultation to find out what your case may be worth to you and your family. Martin Gasparian, the founder of Maison Law, desires to ensure families receive fair support after a tragedy. He also wants to hold drug addiction facilities fully liable for their negligent practices.

 

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