Yes, a facility is responsible for the security inside its premises. That includes prohibiting fentanyl from entering the property.
A rehab clinic can be liable for a staff member bringing fentanyl onto the property. A clinic can bear liability if a visitor is allowed to carry drugs onto the grounds. A care facility could even face blame if the victim somehow smuggled drugs inside.
Victims and their families can file lawsuits against a rehab facility after an overdose injury or a tragic death. But a drug rehab clinic will also have teams of lawyers ready to help get clinic owners and operators off the hook.
A skilled Bakersfield rehab facility overdose attorney can assist families in gathering the evidence needed to show the facility’s negligence. Maison Law Accident & Injury Lawyers offers a free case consultation to all overdose victims and their loved ones to find out more. This free case review is confidential and comes with no strings attached.
Proving Negligent Security After a Fentanyl Overdose
Drug rehab centers must meet state and federal legal guidelines and industry standards when offering help to addiction patients. This responsibility can be summed up in a legal “duty of care” to all patients. Owners, doctors, nurses, and staff members in rehab networks must do everything reasonably possible to keep patients safe.
One of the biggest aspects of that duty is to keep fentanyl off the premises and away from addiction patients. Monitoring of the patient to prevent exposure to the drugs and security efforts to block all drug sources from outside the facility fall to the owners and operators.
A failure in this duty can result in “negligent security.” A lack of proper and promised security can be grounds for a legal claim after a scary overdose is allowed to occur.
A facility may be liable for negligent security and care if these factors and others are uncovered:
- A failure in security to locate and remove any contraband on patients checking into a facility
- A failure to perform body searches and room searches to prevent fentanyl doses from being stashed away
- A failure to check the grounds for spots where drugs may have been left or passed through barriers
- A failure to monitor and search patients who may be offering fentanyl to others
- A failure to fully search visitors to the facility
- A failure to monitor staff members, especially those with access to medication supplies
Evidence of these and other negligent acts can be hard to come by, especially when a facility tries to hide or block access to evidence.
A skilled lawyer with experience in thorough investigations can legally request important documents like internal reports, emails, and cell phone records. A lawyer would also subpoena surveillance footage before it’s erased.
Frequently Asked Questions
What can patients earn in a fentanyl overdose claim against a rehab facility?
Victims should receive reimbursement for every emergency response fee and hospital bill they receive while in overdose recovery. They should earn full support for the pain they’ve been allowed to endure, the setbacks in addiction recovery they’ve been dealt, and to pay for the added emotional trauma that’s been added to an already challenging situation. Victims should also get reimbursement for any additional time and money at work they lose due to an overdose. Victims might also get a full refund on the costs of rehab services, perhaps to find a new facility that keeps its promises to patients.
Can families earn support after a fatal fentanyl overdose incident?
Families who lose a loved one to a facility overdose death can seek justice by filing a wrongful death claim. This claim would ask for support to pay burial costs and to cover any leftover medical expenses. Close relatives should also demand the replacement of any income the victim has earned to support the family and would have continued to provide in the future. A skilled Bakersfield wrongful death lawyer would also seek support for the family based on the love and guidance they’d lost in the years ahead.
What if I can’t afford to pay a Bakersfield drug overdose lawyer?
We understand that paying for admittance into a drug rehab facility, and also for medical care after an overdose, can deplete a family’s savings quickly. It’s why Maison Law Accident & Injury Lawyers works on a contingency basis for victims and families. We don’t ask for any upfront payment. In fact, we don’t aren’t paid anything unless we win the case for the victim. Then our attorney’s fee comes out of the settlement check that the facility must write.
Contact a Bakersfield Fentanyl Overdose Injury Lawyer
After an overdose injury or death at a Kern County drug rehab facility, victims and family members can turn to Maison Law Accident & Injury Lawyers for an absolutely free, no-obligation case consultation. It’s a chance to go over their options and learn how much they could earn in an overdose personal injury claim.
Martin Gasparian, the founder of our law firm, has a long track record of protecting victims and their families left without support after a scary overdose. He wins justice and support for victims. Allow Mr. Gasparian to stand up for your loved one and earn your family the support needed to rebuild their lives.