To build a strong case, you will need to gain access to electronic health records and paper records, logging daily check-ins on patients, progress, and administered medications. You will want copies of medical records from examinations right after a fentanyl overdose. A copy of any internal investigation findings must be secured.
In the case of a heartbreaking, fatal overdose, you should get copies of toxicology reports and, in some cases, an autopsy report.
This and other evidence would help families prove the rehab clinic’s negligence in an overdose situation and earn support for the patient and loved ones.
Some of these files and paperwork will be difficult to obtain from a company with its defenses already up, trying its best to avoid blame. A skilled Bakersfield Rehab Facility Overdose Lawyer can help you demand these records. You can schedule a free and confidential case consultation with a real lawyer to find out what the best course of action is for the protection of the patient and the family.
Documentation Is Critical for a Drug Overdose Case
When a loved one enters a drug rehabilitation facility, families place an enormous amount of trust in that institution to keep their family member safe. The clinic pledges to keep patients away from harmful temptations and to put their health first after any relapse.
These duties can go out the window once a facility has a check from the family. And too often, the patient is put at life-threatening risk.
Facilities and their teams of lawyers can make obtaining the evidence of neglect very difficult. It’s especially hard for families also dealing with worry, and in some cases, grief, after a tragic overdose.
But if possible, loved ones of the victims should seek these documents and report when preparing for an insurance claim or lawsuit against the facility:
- Documents confirming the intake process, screenings, and searches performed upon the patient’s arrival.
- Logs showing how many times a day patients were monitored, observed, and checked on. This should include proof of room and body searches or a lack of monitoring.
- Medical records showing the patient’s condition before the overdose and the hazardous effects after an overdose.
- Full copies of any investigation findings performed by the clinic or by state officials.
- 911 audio records and paper transcripts of when calls were made and what was said. Paramedics will file a Patient Care Report detailing the condition and setting in which the patient was found.
- Drug screening documentation from before the patient’s overdose and after.
- In the case of a fatal incident, families will want to obtain death certificates, toxicology reports, and an autopsy report if one was performed.
- Phone records would also play a key role in most cases. The patient’s messages to family and friends may show proof of neglect, despair, and messages allowed to those outside the facility seeking fentanyl.
- Security records showing any unlawful admittance of someone who might have supplied the drugs.
A skilled attorney would also file a subpoena to keep valuable surveillance video from being erased. Medical expert witnesses and security experts could provide testimony to back a strong case.
These actions, along with the family’s own efforts, can go a long way to prove the drug rehab facility’s negligence. They can fail at keeping fentanyl out of the hands of patients and fail to act in the patient’s best interests during the overdose.
Contact a Bakersfield Drug Rehab Overdose Attorney
After an overdose death at a Kern County drug rehab facility, family members need to take action before valuable documents are shredded and witnesses become hard to locate. But distraught families can, understandably, be confused about where to start.
A first step in seeking justice can include a free case review with Maison Law Accident & Injury Lawyers. This meeting comes with no strings attached and is always confidential. All family members are welcome to take advantage of this no-risk opportunity to find out how to earn the victim and family members the most in support possible.
Keep in mind that families never need to worry about finding the money to hire a drug overdose lawyer. We work on a contingency basis for families going through such a difficult experience. It means 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.