When your loved one is in a drug rehab facility in California, they’re extremely vulnerable and fragile. That situation becomes much more concerning if fentanyl finds its way to them from the outside. But that also brings up questions about how responsible the facility is, and our team at Maison Law can answer those questions. Set up a free consultation today.
How Responsible is the Drug Rehab Facility When Someone Sneaks Fentanyl In?
If somebody sneaks fentanyl into a drug rehab facility, and your loved one overdoses or is otherwise injured because of that, the legal question isn’t how it got in, but:
- How the facility failed to stop that from happening, and how they responded once they realized it was snuck in.
In legal terms, this is negligence. But that can look a bit different in reality. Here’s what typically answers these questions:
- Intake searches weren’t done carefully. Most rehab facilities search bags and belongings when someone arrives. If those searches are rushed or skipped, drugs can easily slip through.
- Visitor policies were too loose. Visitors and packages should be monitored. If those rules aren’t enforced, drugs can enter the facility without anyone noticing.
- There were earlier incidents that were ignored. If the facility already had problems with drugs being smuggled in and didn’t change anything, that can point to bigger safety issues.
- There weren’t enough staff members on duty. When facilities are understaffed, supervision becomes difficult. In early recovery, that lack of oversight can be dangerous.
- High-risk residents weren’t being monitored closely. People who recently relapsed or struggled with overdoses before may need closer observation.
- Warning signs were overlooked. Changes in behavior, isolation, or signs of impairment shouldn’t go unnoticed in a treatment setting.
- Routine room or wellness checks didn’t happen. Many facilities are supposed to check on residents at regular intervals. When those checks are skipped, someone in medical distress may be left alone too long.
- The response to the overdose was slow. With fentanyl, minutes matter. Delays in calling 911 or getting help can turn a survivable situation into something far worse.
- Naloxone wasn’t available or wasn’t used. California requires licensed residential treatment facilities to keep naloxone (Narcan) on-site and have staff trained to use it.
- Staff weren’t trained to recognize an overdose. Slow breathing, blue lips, and someone becoming unresponsive are well-known signs of an opioid overdose. In a rehab setting, staff should know how to recognize them right away.
At the end of the day, the law is pretty clear in this kind of situation. The facility has to take steps to make sure fentanyl can’t get into the building. But once it happens and your loved one gets hurt, it becomes about the legal process
What Options Do Families Have After a Fentanyl Overdose in a Rehab Facility?
If you reach the point where you can show that your loved one was injured—or suffered a fatal overdose—because the rehab facility didn’t do enough to keep fentanyl out of the building, you can file a claim on behalf of your loved one and recover damage. Procedurally, this happens through:
- Filing an insurance claim outside of court.
- Filing a lawsuit in civil court.
The goal is to help your family recover financial support for the losses tied to the injury or overdose. Depending on the situation, that may include things like:
- Medical care connected to the overdose
- Long-term treatment or rehabilitation
- Lost income or financial support
- Emotional suffering
- Funeral and burial expenses in fatal cases
Importantly, California law gives you two years to file an injury or wrongful death claim. That might sound like plenty of time, but facilities and insurance companies usually start reviewing the situation immediately and rush to protect themselves from any more liability. That’s when our team can be beneficial.
How Maison Law Helps Families After a Fentanyl Overdose in a California Rehab Facility
After a fentanyl overdose or injury happens in a rehab facility, you and others on the outside are often left trying to piece together what actually happened.
- How did fentanyl get into the facility?
- Were safety procedures followed?
- Did staff respond the way they were supposed to?
At Maison Law, our California drug rehab facility negligence lawyers can help you answer these questions and help you through the process by:
- Figuring out how the facility missed the fentanyl being snuck in.
- Looking into patient logs, incident reports, and other documentation to see if they responded appropriately.
- Helping you piece together these records and all the other evidence you’ll need.
- Guiding you and your family through the claims process, whether that happens outside or inside a courtroom.
Most of all, we help families understand their options and what steps may be available moving forward. If your loved one was seriously harmed or died after fentanyl entered a California drug rehab facility, set up a free consultation with us today.
