You obviously never want to be in a situation where you get hurt while under the care of a drug rehab facility in California. But it can easily happen, especially when negligence and fentanyl are involved. That raises questions about what kind of claim you have and how it works. Our team at Maison Law can answer your questions and help you. Set up a free consultation today.
When Does a Fentanyl Overdose in a California Drug Rehab Facility Become a Personal Injury Case?
Checking into a drug rehab facility in California is supposed to be a time to focus on your recovery. Unfortunately, that can quickly get thrown off if fentanyl finds its way into the building and causes an overdose.
But at least legally, a fentanyl overdose becomes a personal injury case when negligence is involved. Here’s what that can look like in real situations:
- Drugs are able to enter the facility because security procedures aren’t followed. Most rehab centers have intake searches, supervision policies, and monitoring procedures designed to keep drugs out. When those procedures aren’t followed, substances like fentanyl can make their way into the facility.
- Warning signs of an overdose are ignored. Extreme drowsiness, slowed breathing, confusion, or someone becoming unresponsive are common signs of an opioid overdose. If staff notice these signs and fail to check on the person or respond quickly, it can point to serious negligence.
- Patients aren’t monitored during high-risk periods. Detox and early recovery are some of the most vulnerable times for people in treatment. Facilities are expected to provide closer supervision during these periods.
- Routine wellness or room checks don’t happen. Many rehab facilities have to do regular checks on you and other patients to make sure they’re safe. If those checks are skipped, an overdose could be left alone for far too long.
- Emergency response is delayed. When an overdose happens, staff should immediately call 911 and begin emergency efforts. Waiting too long can allow the situation to become much more serious.
- Naloxone isn’t available—or staff don’t use it. California requires licensed residential rehab facilities to keep naloxone (Narcan) available and train staff to use it. If the medication isn’t on-site or staff aren’t prepared to administer it, it can be a serious failure in patient safety.
Every situation is different, and the details matter. But when a rehab facility fails to monitor patients, enforce safety procedures, or respond properly to an overdose, it may give you the ability to file an injury claim.
How Can I File a Personal Injury Claim After a Fentanyl Overdose in a California Drug Rehab Facility?
It’s true that the details matter when there’s a fentanyl overdose in a California drug rehab facility. But it’s also true that it only becomes a personal injury case when you can show negligence. However, the way that you actually file your claim usually comes down to two options:
- Filing an insurance claim
- Filing a personal injury lawsuit
Like other injury claims, the goal is to recover financial support for the harm caused by the incident. These are your “damages” and they include things like:
- Current and future medical expenses
- Current lost income or loss of earning potential
- Repair/replacement costs for any damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death damages in a separate claim if the overdose is fatal
Remember, personal injury cases have to be filed within two years of the date of the injury. While that might seem like a long time, facilities and their insurance companies start building their defense right away. That’s why it can be helpful to start looking into your options sooner rather than later.
How Maison Law Helps After a Fentanyl Overdose in a California Drug Rehab Facility
When someone overdoses inside a rehab facility, it can take time to understand exactly what happened. Questions usually come up about how the drugs entered the facility, what staff noticed, and how the emergency response unfolded. All the while, you and your family are left dealing with the fallout.
At Maison Law, our California drug rehab facility negligence lawyers help people look into these situations and help by:
- Reviewing what happened leading up to the overdose
- Gathering medical and facility records
- Looking at the facility’s safety policies and training
- Handling communication with the facility and its insurance company
- Guiding you through the injury claims process
No one expects to suffer a life-threatening overdose in a place that’s supposed to provide care and recovery support. If you were seriously injured after a fentanyl overdose while in a drug rehab facility, set up a free consultation with our team today.
