Emergency rooms can be liable for a Fentanyl overdose death. Doctors and administrators could be held responsible for not identifying a drug overdose in a patient and not taking the proper action to stop the overdose. Hospitals can also face liability if they release a patient who is still in reasonable danger of an overdose and death.
These responsibilities also apply to California drug rehab facilities, some of which may operate as a medical center.
Unfortunately, hospitals and rehab facilities will have teams of lawyers ready to downplay their liability when families of a victim start asking questions. A skilled California Fentanyl Overdose Lawyer can help families get to the bottom of why a tragedy occurred and, in some cases, seek justice. Maison Law offers a free legal consultation to all family members who have lost a loved one.
Negligence that Causes Fentanyl Death in Hospitals
Patients checking into an ER may be in extreme danger of a fatal overdose. And when doctors and nurses fail to identify the risk and take quick action, the chances for a tragic death only multiply.
The first hazard is in not identifying a drug overdose soon enough. A fentanyl overdose must be caught quickly. After several minutes, a powerful synthetic opioid, like Fentanyl, can affect a patient’s breathing and cause brain damage.
Narcan, the brand name for Naloxone, must be administered immediately and in many cases repeatedly until the effects of an overdose stop. Since Narcan can only protect patients for up to an hour or more, patients will need supervision in case the opioids are still in their system. Once the Narcan wears off, respiratory depression can immediately occur again.
The hospital’s responsibility doesn’t to a patient doesn’t end with treatment. Further danger comes with the discharge of a patient. Is the patient strong enough to be discharged safely? Is the patient at risk of another overdose immediately after discharge? Hospital staff must take more responsibility for the monitoring of at-risk patients and, in some cases, make sure they are safely checked into a rehab facility.
The National Library of Medicine reports that patients treated in the emergency room (ER) for an opioid overdose are 100 times more likely to lose their lives to a drug overdose within a year of the ER visit compared with the general population.
The Liability of California Hospitals After an Overdose Death
The Bloomberg School of Public Health at Johns Hopkins detailed several mistakes and acts of discrimination that can leave a hospital liable for overdose deaths. Many of the mistakes made in an emergency department infringe on a patient’s rights and violate federal laws.
- ERs may be liable if they don’t conduct an immediate screening when substance use disorder or an overdose is suspected
- Hospitals may be liable if they don’t conduct a drug screening correctly
- ERs can be held responsible for not supplying patients with the medication they need, such as buprenorphine (a medication used to treat opioid abuse) or Naloxone.
- Hospitals may be liable for not seeing to the patient’s care once they are released from the ER.
- Hospitals may be held accountable for not referring patients and their family members to an appropriate substance use disorder program or facility (especially if a lack of guidance leads to the loss of life after a hospital discharge).
- If the patient’s race is shown to have affected the care or administration they received
Johns Hopkins also points out that civil rights are often violated in an ER setting where overdose patients are involved. If it’s shown that a patient’s race affected the speed of the care they received or the quality of care, they could file a claim. The University’s research shows that denial of care disproportionately impacts Black, Indigenous, and/or Latinx patients.
These violations, medical errors, and medical malpractice can lead to wrongful death claims and support for families. But support is never guaranteed. Strong evidence will be needed when corporate lawyers try to deflect blame for hospitals and their staff. A California Wrongful Death Lawyer of your own can help your family seek justice and hold hospitals fully accountable.
The Support Families Must Earn After a Fentanyl Overdose Death
An experienced California Fentanyl Overdose Lawyer can help families obtain hard-to-secure evidence. This might be the internal logs of a medical staff or overdose facility staff.
The surveillance video from an ER or a rehab clinic should also be requested before it gets erased. Maison Law can also bring in expert medical witnesses to testify to the mistakes made by the medical staff.
With the powerful evidence, Martin Gasparian, the founder of Maison Law, gets aggressive on behalf of grieving families. He fights to secure justice and the support families might require in the future to avoid financial difficulties.
Families must get support for these and other hardships after a tragic overdose death that could have been prevented:
- Burial expenses
- Remaining medical bills
- Replacement of the income the deceased would have continued to provide to the family
- The loss of the victim’s emotional care and love family members must cope with
- The loss of special moments in the future, like holiday gatherings and weddings
- Support for a loss of companionship parents will endure after losing a child to a fentanyl overdose
Contact a California Fentanyl Overdose Lawyer
Maison Law can help families who have lost a loved one in a place that was supposed to help them get better. Hospitals and drug rehab facilities could be responsible for the loss of a patient to a preventable overdose reaction death.
Hospitals and their administrators are sometimes protected from wrongful death claims, but a skilled attorney can help families determine when a healthcare facility should be held liable.
Please contact Maison Law for a free case consultation to find out what your case may be worth to you and your family. Remember, if we can help you earn more, you don’t have to worry about how your family will be able to afford a lawyer. We aren’t paid anything unless we win your case for you. Then our fee comes out of the settlement a hospital or facility must pay you.
