Maison Law’s team of California drug rehab negligence lawyers can answer your questions after someone you care about overdoses on fentanyl while under the care of a drug rehab facility. It’s a situation no family wants to face, but when it does happen, we’ll be there to help. Set up a free consultation today.
What Are Rehab Facilities Required to Do When Someone Overdoses on Fentanyl?
You could say that one of the biggest responsibilities any drug rehab facility has in California is to make sure its patients don’t overdose on fentanyl. The easiest way to do that is to make sure it never gets through the door, but that can be very challenging given the fact that only a tiny amount of it can cause huge problems.
So then, it’s more of a question about what the facility is required to do when there’s an overdose. Under current regulations, these facilities have to:
- Keep at least two doses of Narcan (naloxone) on site.
- Have at least one trained staff member for overdoses on every shift.
- Follow emergency protocols that are in place, which means knowing the signs of an overdose and calling 911.
- Have staff members trained on live-saving measures like CPR and monitoring until paramedics get there.
- Properly document the incident and report it to the California Department of Healthcare Services (DHCS).
Obviously, overdoses can still happen even when the facility has all of these requirements in place. Addiction recovery is complicated, and unfortunately, fentanyl has made the risks even higher. But when something like this happens inside a rehab facility, there should be clear answers. The program should be able to show that it had a real plan in place—trained staff on site, naloxone available, and clear steps for how to respond to an overdose quickly.
When that doesn’t happen, it amounts to negligence. And that gives you and your family certain options for making things right.
What Happens if a Rehab Facility’s Failures Lead to a Fentanyl Overdose?
With negligence, it gives you and your family certain options for filing a claim and getting financial support for your losses. To do this, you can either:
- File an insurance claim through the rehab facility’s liability policy
- File a personal injury lawsuit in civil court
Which option makes the most sense depends on the situation. But in either case, the goal is to get “damages” like:
- Emergency treatment and hospital care
- Follow-up medical treatment or rehabilitation
- Ongoing medical needs, such as breathing support or neurological care
- Counseling or mental health support after the overdose
- Lost income if your loved one can’t return to work
- Long-term loss of future earning ability
- Physical pain or lasting health complications
- Emotional trauma for the family
- Reduced quality of life
- Funeral and burial expenses if the overdose was fatal
Just like timing is important in actually getting evidence, it’s just as important when it comes to actually filing your claim. You only have two years from the date of the overdose to file. If you miss it, you can’t file a claim or get damages—even if it’s clear that the facility failed to prevent the overdose to begin with.
How Maison Law Helps Families After a Fentanyl Overdose in a California Rehab Facility
Having a loved one in rehab already comes with a lot of stress. When something goes wrong inside the facility—especially something as serious as a fentanyl overdose—it can leave you and your family feeling overwhelmed and searching for answers. At Maison Law, we can answer your questions and support you through the claims process by:
- Looking closely at how the overdose happened and whether supervision or safety procedures broke down.
- Gathering medical records, incident reports, and other key documents that show the facility failed to stop the overdose or failed to respond in the right way.
- Handling talks with the rehab facility and its insurance company so you don’t have to.
- Explaining your legal options in clear, straightforward terms.
If your loved one was harmed by a fentanyl overdose in a California rehab facility, you can talk with our team during a free consultation to learn more about your options and what steps may make sense next.
