Gaining access to health records from a drug rehab clinic after an overdose can be a difficult task. It’s also a critical step in compiling evidence to show that a rehab facility was negligent in a loved one’s overdose. If a victim recovers and is able to grant permission to release their personal files, the process can go smoothly.
However, after a tragic, fatal overdose, a spouse or another family member may not be granted instant access to those medical files. Family members or a legal representative would be asked to satisfy state and federal requirements for the release of sensitive documents.
These documents can serve as powerful evidence in a negligent drug rehab facility lawsuit. Unfortunately, the process to get copies can be complicated, and facilities and their lawyers can try to delay or block access.
To find out more about your legal rights and how a lawyer can help you get access to important documents and earn justice, contact Maison Law Accident & Injury Lawyers for a free case consultation. It’s a confidential meeting with no obligation to you. And it’s a simple way to determine how to earn support for your loved ones after a scary overdose.
Obtaining Health Records after a Fentanyl Overdose at a Clinic
Family members who feel a drug rehab facility failed a loved one and allowed a fentanyl overdose can have their worries multiplied when they are denied access to important medical documents. Substance Use Disorder (SUD) documents can become strong evidence for a drug overdose negligence case or a wrongful death case.
If a patient was incapacitated or tragically killed by an overdose reaction, family members may struggle to get their hands on important records protected by California and federal privacy laws.
Getting Permission from the Overdose Patient
If still of sound mind and body, patients can request copies of their medical records themselves. They can also grant another family member or personal representative permission to request medical records.
Before any debilitating overdose, it’s also a great idea to have patients sign an authorization document when they are admitted to a clinic. They would give consent to a close relative to view drug rehabilitation medical records and request copies.
When the Overdose Patient Cannot Act to Retrieve Records
When a loved one can’t speak for themselves due to injury or has passed on, family members without authorization will need to comply with federal guidelines. They’ll need to meet the requirements of privacy laws, specifically dealing with Substance Abuse Disorder (SUD) records.
These are outlined in The Code of Federal Regulations Title 42 CFR Part 2. California Health and Safety Code HSC § 11845.5 also puts up more roadblocks for anyone trying to obtain SUD documents.
Family members would need to request the proper forms from a rehab facility and fill them out accurately. This filing should include proof of their authorization to act on behalf of a loved one (potentially through a court order). A request would need to include the patient’s name and the date range of the records sought. Families should also indicate what type of records they are seeking. The request might ask for a physician’s notes, staff logs, and medication records.
Families should make copies of their requests and track how long they are made to wait for a response and the records.
Documents from Other Sources
An experienced attorney would also take action to secure important investigative documents from a medical examiner, a coroner, and the Bakersfield Police or Kern County Sheriff’s Department. This might include a toxicology report, autopsy results, and criminal findings.
Depending on the Help of a Drug Overdose Negligence Lawyer
An experienced Bakersfield rehab facility overdose lawyer can help families deal with these complicated filings and work to get access to all important evidence in a drug overdose negligence case.
A lawyer would take action to secure these records and would provide these additional benefits:
- Go over the documents you’ll need to round up to prove your eligibility to act for a loved one.
- Helping you meet federal and California guidelines and secure court orders to gain access to medical records.
- Help you submit accurate documents to a rehab facility that will be looking for errors to use as an excuse to deny access.
- Request the proper documents that would show negligence on the part of a facility in monitoring for fentanyl, in catching an overdose, and in providing the proper care to stop an overdose.
- Turn any evidence obtained into a strong personal injury case or a wrongful death case.
- File a claim on behalf of you or a loved one and make sure families receive full compensation for all hardships and rehabilitation setbacks due to an overdose.
An experienced lawyer works to get victims and their families what they need to be able to rebuild their lives. On our website, we have more information on the type of support overdose victims and their families can seek.
Contact a Bakersfield Fentanyl Overdose Wrongful Death Lawyer
The families of overdose victims can turn to Maison Law Accident & Injury Lawyers of Bakersfield for a confidential and free case consultation. It’s a no-risk way to determine how to hold a careless Kern County drug rehab facility fully responsible.
And please remember, families never need to worry about finding the money to hire a lawyer at such a difficult time. We work on a contingency basis for victims and their families. We don’t accept any payment unless we win the case for our clients. Then, our attorney’s fee comes out of the settlement or judgment that a drug rehab facility must provide.