Please note: Bisnar Chase does not take cases for contractual or facility disagreements with rehab facilities. Our firm only represents those who have suffered a physical personal injury or wrongful death from mistreatment due to negligence.
A California rehab facility negligence lawyer at Bisnar Chase is dedicated to ensuring justice in rehab harm cases. When a person has suffered due to the negligence of a rehab facility or its staff, we can help.
When a person checks into a rehabilitation center, they are placing their life in the hands of the staff. That clinic has a vital duty of care. However, if the staff is negligent in its duties, it can have catastrophic results.
Negligence can take different forms, but it boils down to a treatment facility failing in its duty to patients. Rehab facility negligence attorneys. We treat every case and client with the compassion they deserve and are dedicated to seeing justice done.
Call (949) 203-3814 now for immediate help.
California Rehab Facility Negligence Lawyer
Rehab Facility Dangers
Before discussing rehab center negligence and how a skilled rehab facility negligence lawyer can bring wrongdoers to justice, it is important to know what a rehab center does. When a person is struggling with addiction and seeking treatment, they may turn to supposed experts for help.
There are different kinds of rehab centers designed to meet different needs. The two main types are:
Inpatient facilities: A type of live-in center in which patients will stay 24 hours per day for their treatment. In extreme cases, patients may check themselves in or have another person do it.
Outpatient Facilities: Patients can live normally while visiting an outpatient center for scheduled treatments. Many patients start out by staying at an inpatient facility before transitioning to outpatient clinic care.
Some of the steps for recovery that you are likely to experience at an inpatient rehab center in California include:
- Detox – Short for detoxification. This is the process of clearing a person’s body of an addictive drug or substance.
- Rehabilitation – Designed to change the patient’s mindset and get to the root of their harmful substance use. Can include individual and group therapy sessions, sports, activities, and more.
- Aftercare – Ongoing support, designed to develop coping mechanisms and reinforce the progress made through rehabilitation.
Most lawsuits are launched due to facility negligence while patients are going through detox. When patients are detoxing, they are often at their most vulnerable. This is when they need the most support. Being in the care of a negligent facility could put that patient in real danger.
What is Rehab Facility Negligence?
Rehab facility negligence refers to the failure of staff members to provide the proper level of care for their patients.
This can include failures in care, supervision, medicating, and more. California has strict laws in place to protect patients while they are living in a 24-hour rehab facility. The Elder Abuse and Dependent Adult Civil Protection Act is a long and complicated piece of legal legislation.
However, it has some key guidelines that relate specifically to rehab clinics. As far as the law is concerned, those who are living in rehab facilities are classified as ‘dependent adults.’
The law states that dependent adults who are receiving treatment should not be subjected to:
- Abuse, neglect, abandonment, or any other behavior that could cause physical or mental harm.
- A carer or member of staff depriving them of goods or services that are necessary to avoid physical or mental harm.
If anyone deprives a patient of the services they need to detox safely, it is a clear case of negligence. Civil exploitation is a serious offense; a California rehab negligence lawyer can help you obtain justice. A vulnerable adult receiving care from an authorized and licensed facility is entitled to safety and dignity and to be free from abuse, neglect, or exploitation.
Medical Malpractice:
It is important to note that rehab facility negligence refers to the actions and mistakes of rehab center staff. It does not cover medical malpractice. This falls under a different type of lawsuit, which Bisnar Chase does not handle.
If you are unsure whether your case is a result of negligence or medical malpractice, call our California drug and rehab facility lawyers for guidance.
How Dangerous is Rehab Facility Negligence?
Rehab facility negligence can be fatal. It is a massive step for a person to take the plunge and accept the help of a rehab center. Different people become aware that they need help fighting addiction at various moments.
Patients in this helpless state need the highest quality of support, supervision, and care to get through it. When a rehab facility’s staff is negligent in providing that care, it can have disastrous consequences. These may include self-harm, suicide, and other serious side effects.
Let us review your case and see if you are entitled to compensation. Our California Rehab Facility Negligence Lawyer will investigate your evidence to determine a path to compensation, including economic and non-economic damages.
Types of Rehab Facility Negligence
There are several types of negligence that can occur in California drug and alcohol rehab facilities. These include:
Sub-par patient evaluation
When a patient is checked into a rehabilitation facility, the staff should fully know their state and situation. This will allow them to provide the care and treatment they need. Failure to do so constitutes negligence and can result in a dangerous situation for the patient.
Supervision of patients
Rehab patients are often in a particularly vulnerable state. In some cases, they may even be suicidal. Whether they are at a drug or alcohol rehabilitation center, such patients must be given proper support and supervision for their safety.
Failure to provide a safe environment for patients
A rehab facility must be kept safe for its patients. It must be kept clean and hygienic, with steps to minimize situational risks. These can include slip-and-fall accidents and hostile patient interactions.
This could also mean keeping patients with a tendency for harm or self-harm away from potentially dangerous objects.
Unfit or untrained staff
Every rehab center must ensure it has the right staff to provide a safe and caring environment for patients. Staff must be properly qualified and trained. If a facility does not have suitable staff, it may be subject to vicarious liability.
Patient abuse
Drug and alcohol rehab center patients can also be harmed through abuse. This is not a product of negligence but is still a serious danger. It can involve physical, mental, or even sexual abuse.
Nursing home abuse has long been a problem in elderly care facilities, and those same issues apply in rehab centers. As with nursing home neglect and abuse, such rehab harm can deeply affect patients, causing physical and emotional distress.
Contact a California rehab negligence lawyer at Bisnar Chase if you or a loved one has suffered because of neglect or abuse. Call 800-561-4887 for a free and confidential case evaluation.
Case Study: Bisnar Chase Wins $11 Million Verdict After California Rehab Center Suicide
Bisnar Chase won a record $11 million verdict for the family of a man who died by suicide while attending rehab. His death was caused by facility negligence.
John Cunningham, 58, was checked in to a residential rehab facility in California in 2015. He had been battling a dependence on prescription drugs such as Ativan and Xanax for about four years.
The facility was informed of Mr. Cunningham’s history of suicidal thoughts and hospitalizations. However, serious negligence was shown in the handling of his detox period.
Mr. Cunningham was taken to the hospital three times in five days due to the severity of his withdrawal symptoms. He was kept isolated while detoxing and was deprived of his depression medication.
Staff failed to properly supervise or support the patient, and Mr. Cunningham committed suicide after being left alone for several hours.
The rehab center was linked to the Church of Scientology and used the practice of Narconon. Medical professionals generally view this method of addiction treatment as dangerous.
Mr. Cunningham’s family, which had been unaware of the Scientology link before his death, contacted the rehab facility negligence lawyers of Bisnar Chase for help in seeking justice.
John Cunningham’s wife and daughters were offered settlements of $100,000 and $350,000. But personal injury lawyer Gavin Long, of Bisnar Chase, decided to take the case to trial.
He argued the case in front of a jury in 2019 and recorded a major victory. The jury returned a verdict awarding $11 million to the victim’s family members.
Long said the verdict finally gives Mr. Cunningham’s family justice. It also sends a message to treatment facilities that they will be held accountable if they do not provide proper care to their patients.
Lawyer H. Gavin Long said:
“It is the job of treatment and rehab centers to care for people when they are at their most vulnerable. These facilities have a stringent duty of care for their patients. When they fall short of that duty, it can result in tragic consequences. This happens far too often, and we must hold them accountable.”
Is Rehab Center Negligence Common?
Southern California is a hotbed for drug and alcohol addiction treatment centers. In Orange County alone, there are more than 300 rehab clinics.
That is just the tip of the iceberg; many others run throughout Los Angeles County, Riverside County, and San Bernardino County.
Southern California has more than 1,100 registered rehab centers. That does not include the large number of unlicensed sober living homes that continue to spring up.
The majority of these care facilities provide important services and expert help for those trying to beat a dependence on drugs or alcohol.
However, some rehab centers fall far short of these expected standards. There are far too many examples of rehab facility negligence putting patients at risk of further harm—and even wrongful death.
The Orange County Register produced a series of reports on the issues discovered at some California rehab centers. Their findings show the extreme risk that rehab negligence victims face.
A lack of regulation and inspection is blamed for the terrifying rise in poor-quality rehab centers, putting patients at risk.
- Someone dies every two weeks on average while under the care of a licensed California rehab center.
- More than 500 complaints are launched regarding rehab clinic care every year in California.
- It is estimated that about 140 people died during detox at California rehab centers from 2012-2017.
Those suffering from subpar rehab procedures can get assistance from a California rehab facility negligence lawyer.
Did You Know?... Costa Mesa has one of the highest per-capita rehab center rates, with more than 100 clinics for a population of 110,000.
Rehab Center Negligence: What is Narconon?
Narconon is a term that has been linked to some rehab center negligence cases. Narconon is an organization that runs dozens of residential rehab centers across the world, using a specific method of addiction treatment.
It is strongly associated with the Church of Scientology and has proven highly controversial. The Narconon method is based on the theories of L. Ron Hubbard, the founder of Scientology.
It asserts that the body’s storage of drug traces is what causes addiction. Narconon believes that addiction can be cured by flushing those traces out.
However, experts say no research exists backing Narconon as an effective practice. They say that the Narconon method is not based on scientific facts and can be medically unsafe.
Inspectors have cited several Narconon facilities in California. Their violations include giving patients medication without being authorized to do so, keeping alcohol on-site, and failing to provide proper bedding.
In addition, there have been several publicized deaths at Narconon facilities, as well as a host of lawsuits against the organization.
Many cases are settled out of court, but Gavin Long of Bisnar Chase is one of the few drug rehab negligence lawyers in California to challenge Narconon in court, winning a large jury verdict for the family of John Cunningham.
When to Sue a Drug or Alcohol Rehab Clinic
A rehab facility negligence attorney should be hired when a patient has been harmed due to the negligent action or inaction of a rehab center’s staff. As we have outlined, negligence can occur in many ways.
No matter what form it takes, it can seriously impact patients. When this happens, the patient or their family can seek justice through the legal system.
A skilled California rehab facility negligence lawyer can help clients secure compensation and ensure these facilities are liable for their failings.
Bisnar Chase also handles medical malpractice claims to help patients of negligent healthcare professionals, aside from rehab facilities.
When treatment goes wrong
In a variety of rehabilitation facilities, doctors, nurses, and other employees work towards the goal of helping residents overcome substance abuse and illness despite challenging circumstances such as aggressive tendencies, assaults on staff or property, and limited financial resources.
While most facilities remain vigilant for signs of relapse and uphold their obligation to provide effective rehabilitation, some fall short through corruption or negligence.
These facilities must care for these patients and to be trained in noticing signs of danger to the patient. Most rehab facility cases are born out of pure negligence.
Finding the Right Injury Lawyer for Your Case
Finding the right lawyer is crucial when considering legal action against a rehabilitation center.
A skilled California injury attorney experienced in handling rehabilitation center cases can provide the expertise, guidance, and representation needed to navigate the complexities of the legal system.
Research and gather recommendations
Start by researching injury attorneys specializing in medical malpractice, premises liability, negligence, and personal injury cases. Look for lawyers with experience specifically in rehabilitation center cases. Experience in these types of lawsuits is critical.
Check qualifications and experience
Once you have a list of potential attorneys, check their qualifications and experience. Look for injury attorneys licensed to practice in your jurisdiction with a track record of success in handling negligent rehabilitation center cases.
Review their websites, read client testimonials, and check for any disciplinary actions or complaints against them.
Schedule a consultation
Many accident attorneys offer free initial consultations, allowing you to discuss your case, ask questions, and evaluate whether they fit your needs.
During the consultation, pay attention to their communication style, understanding of your case, and willingness to answer your questions. A good listener is critical.
Evaluate communication and rapport
Effective communication and a good rapport with your personal injury attorney are essential for a successful attorney-client relationship.
Ensure that the attorney you choose is responsive, transparent, and genuinely interested in helping you. Trust your instincts and choose an attorney you feel comfortable working with.
Consider the fee structure
Discuss the attorney’s fee structure during the consultation. Some attorneys work on a contingency fee basis, meaning they only receive payment if they win your case.
Others may charge hourly rates or flat fees. Ensure you understand the fee arrangement and any additional costs associated with your case.
By selecting a seasoned California rehab negligence attorney with the right experience, qualifications, and rapport, you can have confidence in their ability to advocate for your rights and help you achieve a favorable outcome.
We’ve advocated for California plaintiffs for 46 years and have a 99% success rate. Call 800-561-4887 for a free case review.
What Information Does A Rehab Facility Negligence Lawyer Need?
- The rehab or detox facility involved.
- How the victim came to be harmed.
- How did the victim arrive at the facility? Was it a voluntary check-in, and was payment involved?
- The background of the victim:
- Family life
- How they came to be addicted
- How the addiction was sustained
- Did they have any previous rehab or detox facility history?
- Have they previously had suicidal thoughts or attempted suicide?
Factors to Consider Before Deciding to Sue a Rehabilitation Center
Before deciding to sue a rehabilitation center, it is crucial to consider several factors. These factors can help you assess the strength of your case and determine whether pursuing legal action is the right course of action.
Negligence and misconduct
One key factor to consider is whether the rehabilitation center was negligent or engaged in any misconduct that caused harm. Negligence can include failure to provide adequate care, improper supervision, or neglect of patients. Misconduct may involve physical, emotional, or sexual abuse by staff members. If you have evidence to support claims of negligence or wrongdoing, it strengthens your case for legal action.Violation of your rights
Another factor to consider is whether your rights or the rights of your loved one were violated while in the rehabilitation center’s care. This can include violations of privacy, dignity, or autonomy. Understanding the specific rights that may have been violated and gathering evidence to support your claims is essential.The extent of harm
Minor issues or inconveniences will not provide sufficient grounds for a successful rehab facility lawsuit. However, if the harm resulted in significant physical or emotional damage, it strengthens your case, and the amount you are awarded will be based on the amount of harm you endured.Documentation and evidence
Before pursuing legal action, it is crucial to gather all relevant documentation and evidence to support your claims. This can include medical records, incident reports, witness statements, photographs, or videos. The strength of your evidence can significantly impact the success of your lawsuit.Statute of limitations
Be aware of the two-year statute of limitations for filing a lawsuit against a rehabilitation center in California. The statute of limitations sets a time limit within which a lawsuit must be filed. Failing to file within the specified timeframe can result in your case being dismissed.Hire a Top-Rated California Rehab Facility Negligence Lawyer
Bisnar Chase has established itself as a premier California law firm over the last 46 years. Our skilled attorneys are extremely successful in securing justice for their clients.
We have collected more than $900 million for our clients, with an outstanding 99% success rate. Beyond compensation, our law firm believes in providing superior representation with a personal touch. We understand that addictions and rehab can be sensitive subjects that deeply impact families and individuals.
Our California rehab facility negligence lawyer will treat every case and client with the compassion that they deserve. They build strong attorney-client relationships and provide the support needed to overcome their ordeal. Call Bisnar Chase now at 800-561-4887, or click here to contact us by email.
