Rehab Center Wrongful Death

What Is A Wrongful Death Claim?

Wrongful deaths are the result of wrongful actions, whether intentional or not. This can include negligence, but also assault, manslaughter, or murder. Wrongful death actions are filed on behalf of the deceased’s estate or dependents to compensate for lost financial support and emotional damage.

The difference between wrongful death and negligence can be confusing, as both can be cited in a civil suit. Negligence is the failure of care of a responsible party, such as a detox facility, a school, or a parent, when a reasonable person would act differently towards the injured party under the same circumstances. A fatal incident is not necessary to find a liable party negligent for the loss. 

An experienced attorney can help you determine whether it makes sense for you to file wrongful death or negligence claims after the loss of a loved one.

Seeking Answers Following Wrongful Deaths at Rehab Facilities

After the death of a loved one in a detox clinic, there are many steps needed to understand what happened and why. This requires working with the facility as well as the governing agencies that oversee it. These agencies are often stretched thin. California’s Health Care Services (HCS) monitors 980 treatment facilities that are licensed to provide drug and alcohol treatment services, plus 860 unlicensed, non-residential treatment facilities certified by the state (as of June 2023). 

There are strict state and federal guidelines governing these facilities. However, these facilities and the agencies overseeing them are often lax in their compliance. As a recent audit revealed, Health Care Services routinely fails to respond to complaints against detox clinics. 

HCS looks for several types of deficiencies at detox clinics during the licensing process.

• Class A (Highest Priority): Issues that present imminent danger to residents at a facility, such as or physical injury.
• Class B: Issues with the operation or maintenance of a facility that have a direct or immediate relationship to the health or safety of facility residents.
• Class C (Lowest Priority): Issues with the operation or maintenance of the facility that have only a minimal relationship to the health or safety of facility residents.

By law, HCS must submit its investigative reports between 30-60 days, depending on the type of complaint. But the audit found that Class A—the highest-priority complaints—such as a death at the facility, took 84 days on average, while lower-priority complaints took 382 days on average.

Without the expertise to navigate these systems, the bureaucratic process can make getting the answers needed to find closure more challenging.

These delays also mean the deceased’s loved ones often have less time to file their civil suit before the statute of limitations runs out. A timely investigation is needed to identify if the facility or other parties are liable for a preventable death. 

Leading Causes of Death in Detox Facilities

Patients who are not adequately cared for or given attention can die as a result of the following problems:

• Insufficient supervision of patients
• Failure to monitor patients for self-harm
• Failure to ensure that illegal substances aren’t brought into the premises

If your loved one died as a result of substandard care or mistreatment in a drug rehabilitation center, you may file a wrongful death claim against the facility and the employees who failed to fulfill their duty.

Know Your Rights After a Loved One’s Death at a Detox Clinic

Under California law, detox facilities have a legal duty to provide adequate care and maintain safe conditions for their patients. California’s Code of Civil Procedure establishes who can seek damages for negligence and wrongful deaths at a detox clinic.

If you are the deceased’s spouse, domestic partner, child, or other dependent, you may be able to seek damages and compensation through a civil lawsuit. A lawyer with experience in medical malpractice and personal injury can help you navigate the bureaucratic steps needed to pursue a civil complaint.

Patients who are not adequately cared for or given attention can die as a result of the following problems:

• Medical conditions that go unchecked as a result of negligence
• Physical injuries, such as assaults
• Neglect, resulting in starvation
• Errors related to medication or the administration of medication
• When needed, individuals are unwilling to seek medical treatment from outside the institution

If your loved one died as a result of substandard care or mistreatment in a drug rehabilitation center, you may file a wrongful death claim against the facility and the employees who failed to fulfill their duty.

Let Us Help You Find Justice for a Wrongful Death

Figuring out what to do while grieving the loss of a loved one who passes away at a drug, alcohol, or detox facility as a patient is not easy. Our experienced lawyers can help you get answers and compensation from the parties responsible for a wrongful death. We will walk you through every step, like helping you request a death certificate, assessing the circumstances surrounding the patient’s death, and determining the next steps to hold the rehabilitation facility liable for their loss of life.

If medical malpractice or medical negligence results in a wrongful death at a rehab facility, you may seek compensation for emotional suffering, loss of income, funeral expenses, and other associated costs and losses.

MSD Lawyers understand how difficult this time may be for you. Let one of our compassionate attorneys help you explore your legal options. Get started by calling (213) 583-2154 or contact us here.