A death in a California drug rehab facility always brings up a lot of questions. Sometimes, it takes an outside agency like the Department of Healthcare Services to investigate what happened. And typically, it’s something that you can ask them to do. How you do that, though, can sometimes be confusing. That’s where our team at Maison Law can step in and help. Set up a free consultation today.
Can I Request That DHCS Investigate My Family Member’s Death?
When your family member dies while under the care of a California drug rehab facility, a lot of things are going to happen. That includes an investigation into what happened by the DHCS. They’re the government agency that oversees drug rehab facilities, and they’re responsible for making sure that they do things the right way. Obviously, a death warrants such an investigation. And while you can ask them to perform one, they’ll likely already be working to do that because rehab facilities are legally required to report deaths.
One way or the other, an investigation is going to try to answer questions about whether the:
- Facility properly monitored patients during detox or withdrawal
- Staff responded appropriately to medical emergencies
- Medications were administered correctly
- Facility had adequate staffing and supervision
- Program followed state licensing and safety requirements
To do that, they’re going to:
- Review records
- Interview staff members
- Inspect the facility itself
From there, they’ll make a decision about whether the facility did enough to keep your loved one safe and properly cared for them. Unfortunately, if they have passed away, it’s likely that the facility didn’t meet that expectation. The results of the DHCS investigation doesn’t automatically trigger a wrongful death claim, but it does give you the foundation to do it on your own.
How Can I File a Wrongful Death Claim After a Death at a Rehab Facility?
Even with a DHCS investigation into your family member’s death, there’s a different set of rules around a wrongful death claim in California. And you still have to show that the facility was negligent in some way, and that directly led to your family members’ death.
The investigation’s results and records can help you do that, but from there, you have to meet certain requirements to actually file the claim. Currently, wrongful death claims in California can only be filed by:
- Spouses/Domestic partners
- Children
Outside of that, you have to either be the executor named in a will to file. But once it’s clear you have the right to file, you then have to take the claim to court with a lawsuit or file through an insurance policy outside of court. This will give you and your family the ability to recover damages for:
- Medical bills tied to the person’s treatment before their death
- Funeral and burial expenses
- The loss of financial support the person would have provided
- The loss of parental guidance and care
- The loss of companionship, love, and support
- The loss of future income and benefits
Remember, claims have to be filed within two years of the date of your family member’s death. That sounds like a lot of time, but with DHCS investigations and everything else involved, that time evaporates quickly.
Get Help From Maison Law After You Lose a Loved One at a California Drug Rehab Facility
At Maison Law, we know that losing someone in a place that was supposed to help them can feel especially painful and confusing. You and your family deserve clear answers about what happened and whether the drug rehab facility r followed the rules that are meant to keep people safe.
If your family member died while staying at a California rehab facility and you’re trying to understand what comes next, our team can help you review the situation and walk through your legal options. Set up a free consultation today to get the process started.
