Throughout California, people turn to rehab facilities to get treatment for drug use. But unfortunately, just being in treatment doesn’t mean that drug use won’t happen. What’s worse, sometimes it’s the environment itself that directly leads to drug use on-site. Our California drug rehab negligence lawyers at Maison Law can explain what your legal options are in this situation. Set up a free consultation today.
What Happens If a Rehab Center Fails to Prevent Drug Use On-Site?
The most basic function of a drug rehab facility is to make sure patients don’t use drugs. The main way they do that is by:
- Monitoring what patients are doing.
- Having a solid intake assessment and hiring practices.
- Tightly adhering to medication schedules and distribution.
Unfortunately, no matter how hard a facility tries, holes and soft spots can develop. And when that happens, patients could get access to drugs and start using them in the facility. That throws everyone’s recovery off track. Outside of the practical issues this creates, you might be wondering if there are legal consequences to this, too.
Can a Rehab Center Be Legally Responsible For Drug Use On-Site?
No matter how much they might argue against it, the fact is rehab facilities can be legally responsible if a patient (or patients) are injured while under their care. That’s because California law says that rehab facilities have:
- A legal duty to keep patients safe.
When they fail to do that and a patient gets access to drugs and begins using them, that amounts to negligence. And with negligence, the patient or their family have legal options for filing a claim.
What Are Your Options If a Rehab Facility Allows Drugs On Site?
At its core, a situation where you’re a patient in a drug rehab facility and you get hurt after using drugs on-site is still an injury claim. That means there’s certain options for filing a claim and getting “damages” from the facility and whoever else was responsible for what happened. Normally, you can either:
- File an insurance claim
- File a personal injury lawsuit
Every claim is different, and thus, the option you choose is going to be based on your particular situation. Some claims resolve quickly through insurance, while more complicated situations usually require a lawsuit to get to the bottom of things. One way or the other, though, the ultimate goal is to recover “damages.” This can include things like:
- Current and future medical expenses
- Lost income or loss of earning potential
- Repair/replacement costs for damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Funeral or burial expenses after fatal injuries
At the end of the day, when drugs are allowed inside a rehab facility, the consequences can undo months of hard work in a matter of hours. If that happened to you or someone you care about, it’s worth taking a serious look at what went wrong. Reach out to our California drug rehab facility negligence lawyers at Maison Law for a free consultation to talk through your options.
