From December 2020 to December 2021, a reported 107,000 people succumbed to drug overdoses in the United States. Fentanyl deaths in California alone increased by a multiple of ten from 2015 to 2019.
With more than 14,000 substance abuse centers treating more than 1.4 million people nationwide, the percentages of those who die in the center seem small. According to the Substance Abuse and Mental Health Administration (SAMHSA), nearly 3,400 residents died in treatment centers in 2015. The percentage notwithstanding, the fact of residents dying of overdoses in places presumably committed to treating addictions is alarming.
Many of these deaths – fentanyl or other drug overdoses and suicides – occur when residents are left unattended or not sufficiently observed and monitored. Some of the residents somehow obtain and use drugs in the facility. This raises the question of whether and how well facilities supervise and instruct their staff. Lack of sufficient and proper supervision of residents and employees can support claims for wrongful death.
Detoxification and Supervision
Substance abuse recovery often starts with detoxification. Patients under the influence of fentanyl, other opioids, heroin, or other drugs undergo this process to rid their bodies of particular drugs.
Detoxification takes two general forms. In the “cold turkey” approach, a user immediately stops using the drug. Ironically, such an abrupt stop could create perilous withdrawal symptoms such as seizures, hallucinations, and rapid heart rates. Cold turkey detoxification could prove especially harmful for fentanyl, heroin, other opioids, and alcohol. The weaning method relies upon prescriptions that mimic these drugs, with lessening doses of them over time.
Safe detoxification requires sufficient supervision so that the patient has as low as possible a risk of serious health problems. Often, those in detox require 24-hour monitoring. Improper supervision can occur when qualified medical professionals, such as physicians or nurses, fail to observe and document heart rates or other vital signs and observe seizures or other adverse physical and behavioral impacts. These deficiencies may deprive the patient of higher-level care and lead to death from fentanyl or other substances.
Not Correctly Assessing the Needed Level of Monitoring
Improper supervision may occur because doctors, mental health professionals, or others do not appropriately diagnose the patient’s level of addiction, abuse, or mental illness. Correct assessments of the severity of drug use, behavioral problems, and mental illness guides how long and under what environment a patient is to be monitored.
Wrongful death plaintiffs may sue professionals and rehab clinics for malpractice and claim that staff did not adequately observe patients. If you pursue professional malpractice, you will need experts familiar with the standard of care in the community where your loved one received treatment. Expert testimony can establish, for example, that your family member, spouse, or relative was released too early from detoxification or not assigned enough 24-hour monitoring days.
Not Enough Staff Members
The lack of proper and sufficient monitoring often involves a center having too few employees. California law does not specify the ratio of residents or clients to staff members for addiction treatment or rehab clinics. However, a good rule of thumb seems to be one employee for every three clients and a ratio of no more than one to ten.
With an inadequate staff comes fewer people to monitor the actions of patients and guests. Further, the clients have less time to undergo individual assessments, treatment, or counseling when the staff-to-client ratio climbs – especially to one staff member for every ten clients or more.
Neglecting Scheduled Observations of Patients
Staff members act negligently when they fail to observe or monitor patients and clients at the times and with the frequency required by the center’s policies, medical or mental health professionals, or the law. Families and estates of patients who have died in rehab clinics have sued for the failure of staff to follow these standards. For example:
- In July 2018, the estate and heirs of Cody Arbuckle sued American Addiction Recovery Centers in Clark County, Nevada, after Arbuckle died from an overdose of heroin. Among other things, the lawsuit alleges that employees at the center observed Arbuckle under the influence of drugs, that he was transferred to a 24-hour non-detox facility, that he required 24-hour observation, and was left unattended for 14 hours. Further, the staff allegedly did not follow the center’s policies of physically observing Arbuckle or checking and recording his vital signs every 30 minutes.
- In a February 2022 lawsuit against New Recovery, LLC in Los Angeles County, the family of Davis alleges that a rehab facility’s staff removed Davis from 72-hour monitoring after 24 hours, even though the patient tested positive for fentanyl. That patient died from the overdose.
Negligent Supervision of Staff
Rehab centers are obliged to supervise the residents receiving treatment and the center’s employees. Liability for improper or negligent supervision arises when the rehabilitation center knows or is aware of the employee’s propensity to endanger patients through intentional, reckless, or negligent conduct but does not take reasonable measures to prevent the danger.
Often, negligent supervision of employees arises when a plaintiff cannot hold the employer vicariously liable. Under the rule of vicarious liability, you can recover for the negligence or misconduct of rehab clinic employees who act within the course and scope of employment. That ground does not avail you when the staff member acts to advance the employer’s interests. For instance, a staff member of the facility:
- Sells, gives, or otherwise provides fentanyl, other drugs, or alcohol to a resident
- Intentionally allows a patient to bring fentanyl into the facility, especially if for payment or some other favor
- Falsifies on a patient or resident record having personally and visually observed the patient
While not exhaustive, negligent supervision of employees may include:
- Not reassigning or terminating an employee
- Failing to instruct employees to verify by date, time, and place their visual observations of patients
- Restricting access of unauthorized staff members to medicines and other controlled substances
- Not providing intake personnel with adequate forms for obtaining necessary information about patients’ drug use, medical history, psychiatric history, or risk factors for suicide
- Not instructing staff on protocols for detoxification or transfer of patients from detoxification to rehabilitation
- Failing to discipline employees for misconduct or neglect
Contact Maison Law to arrange for a free consultation and case review with our California wrongful death lawyer. You’ll be able to tell us what happened and how it happened, and your questions will be answered too. Then, you’ll be advised of the full range of legal options that might be available for you to pursue. Contact us as soon as you can.
