Fentanyl is a powerful opioid that can begin affecting a victim’s breathing within a few minutes. A qualified nurse at a Bakersfield drug rehab clinic would need to recognize the signs of an overdose immediately and administer Narcan as soon as reasonably possible.
It would be up to investigators, medical experts, and legal professionals to determine if a patient was monitored properly, received treatment in time, and got care afterward to help in recovery.
Of course, a rehab clinic and its team of attorneys will always say they did all they could. But a skilled Bakersfield Rehab Facility Overdose Lawyer would help you show that an injury or a tragic death could have been prevented if doctors, nurses, and staff members had reacted appropriately.
Maison Law Accident & Injuries Lawyers offers a free case consultation to all loved ones with family members in rehab clinics. We can go over your options and help you and your family recover from such a frightening and preventable accident.
Determining If You Have a Case Against Doctors and Nurses After an Overdose at a Rehab Clinic
Doctors, nurses, and staff at local drug rehab clinics accept a “duty of care” any time they accept patients into a facility. They must always act to keep the patient safe. With someone addicted to opioids like fentanyl, that care can include attention to things like:
- Making sure patients don’t bring drugs with them when they are admitted.
- Making sure patients can’t gain access to fentanyl while they are staying at the facility.
- Regular searches of rooms, beds, and bodies to make sure patients aren’t hiding drugs.
- Constant monitoring to notice the signs of fentanyl use. Nurses would be looking for things like slowed breathing, blue or gray lips. Choking. Paleness. Limpness.
- Taking action when an overdose is detected.
With a fentanyl overdose, victims experiencing breathing issues can suffer permanent injury or death within 5 or 6 minutes. Nurses would need to administer Narcan (the brand name for Naloxone), an opioid antagonist, quickly.
Families who find out loved ones have been injured due to an overdose while in a clinic will, understandably, wonder how the victim was allowed to get hurt. Questions can arise about a nurse’s reaction to an overdose. Was the Narcan administered as quickly as possible? Was the dosage enough? The CDC instructs that more than one dose of naloxone may be required when stronger opioids like fentanyl are involved.
Was rescue breathing administered? Nurses could be questioned about their reaction times and even their delay in calling 911.
Fault and negligence would be a question for both legal experts and medical experts. An investigation would have to be undertaken, and evidence such as 911 records, surveillance video, and patient check-in logs would have to be examined.
You can check out our article on how to prove a Bakersfield drug rehab facility was negligent in an overdose.
Support that Overdose Victims and Their Families Can Earn
These incidents can lead to a personal injury claim or lawsuit, a medical malpractice claim can be filed, and after the ultimate tragedy, families can file Wrongful Death Claims.
For an injury claim, victims and their families can expect help with these and other hardships:
- Medical Expenses: Full compensation for an ambulance ride, emergency room care, ICU stays, follow-up treatment, and any ongoing care related to the overdose.
- Lost Wages and Earning Capacity: If the victim misses time at work due to an overdose, those paychecks must be replaced. If a permanent physical disability is suffered, victims should also be supported when they can’t return to work. An injury like brain damage from a lack of oxygen caused by an overdose would be one example.
- Pain and Suffering Awards: This covers the physical distress victims experience at the time of the overdose and in recovery. The emotional damages would also be covered. This can include the discouragement of such a setback being allowed. It should cover any costs to receive help with anxiety and depression caused by the overdose.
- Punitive Damages. In some cases, the level of the facility’s negligence is so flagrant that it’s almost intentional. In extreme cases of carelessness, a judge may assign additional financial penalties to the business. These penalties are meant to encourage the facility to never make these mistakes again. They’re also meant as a warning to other rehab facility owners. The citations are intended as a penalty for the responsible party, but the victim and the victim’s family receive any fines that are paid.
Frequently Asked Questions
How long do I have to file a personal injury claim or wrongful death claim after an overdose at a Bakersfield rehab facility?
You have two years from the date of the overdose or from the tragic death of a loved one to file a claim and seek compensation after an overdose. It’s always important to act quickly, though, because the longer you wait, the harder it may be to secure reports and supporting documents from a facility that’s focused on trying to limit its blame in an overdose.
Can my family ask for support if a nurse’s actions contribute to a fatal fentanyl overdose?
Yes. Family members, like a spouse, domestic partner, and children of the victim, can ask for support if a loved one passes away due to a lack of action on the part of the clinic, nurses, and other staff. This can include funeral and burial expenses, loss of financial support the deceased would have provided, and loss of love, companionship, and guidance.
What if I can’t afford to pay for an attorney’s help when taking on a drug rehab operation?
While seeing to a loved one’s safety after an overdose, you’ll likely have to use your savings for other things. But that’s okay. You can still afford to hire Maison Law Accident & Injury Lawyers of Bakersfield. We only accept payment if we win your case for your family. Then our pay comes out of the settlement check that the rehab owners are forced to provide to your family.
Contact a Bakersfield Drug Rehab Overdose Attorney
After an overdose death at a Kern County drug rehab facility, family members may need help battling the facility’s lawyers and insurers to earn everything needed to afford the best recovery care available. That help may include a full investigation to make sure the staff at the clinic accepts full responsibility for their mistakes.
Maison Law Accident & Injury Lawyers provides a free case review to all families after an overdose. This meeting comes with no strings attached and is always confidential. All family members should find out what their cases are worth before lawyers for a rehab clinic try to tell them their cases are worth nothing at all.
Martin Gasparian, the founder of our law firm, has a long track record of protecting victims and their families who may be at their lowest point and feeling powerless. He wins justice