Going to rehab for drug addiction is hard enough when you’re the one in treatment. But when someone you care about is in the facility, it can be even harder. But when there’s negligence and they end up passing away, it brings up bigger questions about what you should do. Our California drug rehab facility negligence lawyers at Maison Law can guide you through the process. Set up a free consultation today.
What Steps Should I Take Immediately After Someone Dies at a Rehab Facility?
Unfortunately, death inside a drug rehab facility in California isn’t out of the realm of possibility. Drug treatment and detox is incredibly hard, and stability can evaporate quickly. But it shouldn’t just automatically be looked at as “just something that can happen.” It’s about getting clear answers, and the best way to do that is to take the following steps:
- Get an official report. The first thing to do is to get an official report from the facility that details:
- The person’s name
- Date and time of the incident
- Location inside the facility (room, detox unit, common area, etc.)
- Names of staff members on duty (and responsible for providing care at the time)
- A timeline of events and a description of what steps were taken
- Medication that was given (or not given)
- See if there’s any pictures/videos. Hopefully, there will be some type of visual evidence from the facility. This is usually video footage, but it’s not always kept automatically. There’s also usually pictures from an internal facility investigation. This evidence can answer questions about whether your loved one was left alone or was being monitored at the time.
- Look back at previous incidents. Death might be fairly common in a drug rehab facility, but it’s not random. If the facility has a history of overdoses, medication errors, understaffing issues, or prior complaints, it’s a pattern and shows an underlying safety issue with the facility.
- Talk with the facility. It’s helpful to also talk to the facility’s administration. What they tell you isn’t necessarily inaccurate, but keep in mind they’re going to be worried about protecting themselves from liability.
No matter what ultimately causes your loved one’s death in a rehab facility, it’s important to take these steps so you can at least have a better idea about what happened. These steps are also going to give you a solid foundation if you need to move forward with a claim.
What Options Do I Have After Someone Dies in a Rehab Facility?
When someone you care about is in a California rehab facility, you’re worried about their care and day-to-day recovery. You probably don’t think about what you can do if something goes wrong and they pass away. But the law gives you (or other family members) an option—a wrongful death claim.
This type of claim is similar to a regular injury claim, but there are a few key differences—especially when the death happens inside a rehab facility.
First, only certain people can actually file the claim:
- A surviving spouse or domestic partner
- Children of the person who passed
If there isn’t a surviving spouse or child, then parents, siblings, or other close relatives may have the right to step in. In some situations, the personal representative of the estate files the claim on behalf of the family.
Once that shakes out, though, the claim can actually be filed through:
- An insurance claim out of court.
- A wrongful death lawsuit.
It’s here that the major difference comes to the forefront. The damages that are available in a claim are built around your family’s losses, like:
- Funeral and burial expenses
- Medical expenses before passing
- Lost income
- Future earnings
- Lost benefits
Remember, there’s still deadlines in place. You and your family still only have two years from the date of the death to file. That might sound like a lot of time, but again, losing a loved one or someone you care about is incredibly difficult—especially in a rehab setting. That’s where our team can step in and help you.
Maison Law Can Help You With a Wrongful Death Claim Against a California Rehab Facility
It’s one thing to understand what steps need to be taken when someone you care about dies in a California drug rehab facility, but it’s a whole other thing when it actually happens. If you find yourself in this situation, our California drug rehab facility negligence lawyers at Maison Law will be there to guide you through the claims process. Reach out today for a free consultation and let us help you through this difficult time.
