The most basic responsibility any drug rehab facility has in California is to keep its patients safe. Normally, that means having the right measures in the right places. But that doesn’t always happen, and that creates an obvious risk. Our California drug rehab facility negligence lawyers at Maison Law can answer your questions and help you through the process. Set up a free consultation today.
What Protective Measures Should a Rehab Facility Have in Place To Prevent Patients From Getting Fentanyl?
Given the environment, it’s hard to think about something as damaging as fentanyl being in a drug rehab facility. But the reality is that it can happen—no matter what measures the facility itself has in place. There’s no official list of measures, but there are a few practical ways that rehab facilities throughout California make sure fentanyl doesn’t make its way into the hands of patients:
- Having security measures for entry into the facility, like:
- Bag searches for incoming patients and visitors
- Metal detectors or scanners at entrances
- Contraband checks during admissions
- Policies limiting what personal items patients can bring
- Controlling who can come in and out of the facility. It’s usually visitors that actually bring fentanyl into the facility in the first place. But most facilities can reduce this risk by:
- Requiring scheduled visiting hours
- Conducting ID checks for visitors
- Monitoring visits or requiring visits in supervised areas
- Prohibiting certain items from being brought inside
- Random drug testing for patients that catch issues early, before something more dangerous happens.
- Making sure medications are tightly watched and given out properly, making sure that there’s:
- Locked medication cabinets or safes
- Inventory tracking systems
- Two-person verification for controlled substances
- Licensed medical staff overseeing distribution
- Making sure the staff and care providers are properly trained to:
- Know symptoms of opioid use or overdose
- Keep an eye out suspicious behavior or contraband
- Follow proper reporting procedures
- Respond to emergencies
- Properly monitoring patients through routine inspections and security cameras in common areas. These checks are typically written into patient agreements so everyone understands the rules.
- Having the right emergency protocols in place, like:
- Monitoring patients closely during detox
- Having clear emergency medical response plans
- Working with local hospitals when necessary
- Clear rules for patients that include:
- Zero-tolerance policies for drugs
- Consequences for bringing substances into the facility
- Participation expectations during treatment
What makes all of this so difficult is that fentanyl is extremely dangerous because it’s so potent. All it takes is a tiny amount to cause huge problems, so that makes it even tougher to keep it out. But one way or the other, the facility has the legal duty to do this. When that doesn’t happen, you have legal options.
What Legal Options Does Your Family Have After a Fatal Overdose in a Rehab Facility?
Something has obviously gone terribly wrong when fentanyl finds its way into a drug rehab facility. The most direct outcome is an overdose, which brings devastating—if not fatal—injuries. But when the overdose happens because the facility was lax on its security or other policies, you and your family can hold them accountable by:
- Filing an insurance claim
- Filing a wrongful death lawsuit
Once the claim is filed, it’s about getting damages like:
- Current and future medical expenses
- Lost income or loss of earning potential
- Pain and suffering
- Emotional distress
If the overdose is fatal, there’s “wrongful death” damages that your surviving family members can get, like:
- Funeral and burial expenses
- Income your loved one would have earned in the future
- Lost benefits, like health insurance or retirement contributions
- The loss of companionship, care, or parental guidance
Either way, you and your family only have two years from the date of the overdose to file the claim. That sounds like plenty of time, but in these types of situations, the facility is going to move quickly. That can mean security camera footage gets overwritten or it’s harder to track down the right people. The sooner you file your claim, the better your chances.
Reach Out to Maison Law After a Fentanyl Overdose in a California Drug Rehab Facility
You obviously never want to be in a situation where you’re a patient in a California drug rehab facility and fentanyl makes its way into the building. It’s an extremely fragile time for you and the other patients, and you expect the facility to have the right measures in place to protect you.
At Maison Law, our California drug rehab facility negligence lawyers understand how difficult this situation can be. We’ll be there to explain your options and guide you through the claims process. Reach out today for a free, no-obligation consultation.
