Whenever there’s an overdose in a drug rehab facility in California, certain emergency protocols are supposed to kick in. Sometimes, this means administering Narcan or some other type of life-saving medication. When that doesn’t happen and things turn fatal, you might be wondering if that’s considered negligence. Our California drug rehab facility negligence lawyers at Maison Law can answer all your questions. Set up a free consultation today.
Can I Sue a Rehab Center If It Doesn’t Administer Narcan?
The most basic responsibility any rehab center has in California is to keep its patients safe and healthy. That includes medical situations—particularly emergencies.
Just like a hospital, there’s specific procedures that have to be taken when there’s an overdose or some other kind of drug-induced emergency in the facility. But for a variety of reasons, that might not happen:
- A staff member sees an overdose but doesn’t administer Narcan. If staff clearly sees the signs of an overdose —slow breathing, blue lips, unconsciousness, pinpoint pupils—and Narcan was available but not given, that’s a serious failure in response. At that point, it’s not about guessing. It’s about acting on obvious symptoms with the standard treatment designed to reverse them.
- The facility doesn’t have Narcan available. There’s also the actual issue of keeping Narcan stocked. When it doesn’t happen, that can also be negligence. Rehab centers that treat opioid addiction know relapse is a foreseeable risk. Not having Narcan on hand in that environment isn’t just an oversight—it’s a gap in basic safety planning.
- Staff aren’t properly trained to administer Narcan in the right way. Generally, there’s training requirements that have to be met and documented to be able to work in a rehab facility. But if training is inadequate in terms of knowing how and when to administer Narcan, that points to a systemic problem.
- Staff or management won’t administer Narcan for reputational reasons. This is probably the most clear form of negligence in not administering Narcan (but will be hard to prove.) Sometimes, rehab staff or management might withhold Narcan to try to save face. Patient safety should never take a back seat to the facility’s reputation.
Reacting in the right way to an overdose seems obvious, but unfortunately, these kinds of things happen everyday in rehab settings. That’s quite literally why standards and rules are enforced. And when the facility doesn’t administer Narcan or take life-saving measures, it’s negligence.
Who’s Liable When the Rehab Facility Doesn’t Administer Narcan?
There’s no denying how tragic an overdose is—even if it’s foreseeable in a rehab setting. But when the facility is negligent in the steps it takes to help you or a loved one, it crosses the line. However, there are questions that need to be answered about who exactly would be liable for such a situation:
- The rehab facility management and staff. This is usually the first place to look. There might be protocols, but it’s up to individual rehab staff and management to carry them out. When they don’t, they could be liable for what happens.
- Company management. Most rehabs are run by large corporations that control staffing, policies, and even supply of medications. When they don’t have enough staff, don’t have proper enforcement of policies, or don’t order enough supplies, they could share some of the responsibility.
- Outside contractors. Sometimes, outside contractors are involved with monitoring emergency response, or keeping Narcan readily available. If that doesn’t happen, these outside contractors can share in the liability.
The bottom line is this: an overdose in a rehab setting isn’t some unpredictable accident. It’s a known risk. That’s exactly why Narcan is expected to be on-site and why staff are supposed to know how—and when—to use it. If even one link in the chain of safety fails here, you and your family could be facing serious injuries or even death.
Our California drug rehab facility negligence lawyers at Maison Law can help you through the claims process and make sure you have what you need to move forward. Set up a free consultation today.
