An Orange County detoxification and treatment facility has agreed to close its door and surrender its license following a State investigation by the Department of Alcohol and Drug Programs. According to the ABC News report, the West Coast Detox Services facility in Huntington Beach agreed to the closure after a 28-year-old client was found dead on the premises in April of 2012. The client, 28-year-old Jason Redmer, was found dead at the home, although the precise cause of death remains a mystery. The complaint by the ADP includes allegations that Redmer and other clients were given highly-regulated drugs without a prescription and before seeing a doctor. The State also alleged that West Coast Detox failed to destroy old medications kept on site, to which Redmer apparently gained access. The ADP complaint also alleged that West Coast's failure to get Redmer medical help and destroy the old medications caused or contributed to his death. Redmer had entered the facility just four days before his death to detox from drugs and alcohol.
Liability for Wrongful Death
When a patient or "client" dies while in the care and custody of a medical facility or detox center, questions regarding civil and even criminal responsibility will often be raised. There is little doubt that taking on the responsibility of caring for someone who engages in self-destructive behavior can be difficult. However, there are rules and regulations of the State and even Federal government that apply, and should set at least the minimum standard for the conduct of these facilities. In the case above, West Coast Detox was alleged to have allowed a known drug addict and alcoholic access to potent, prescription medication. Beyond that, the facility was also accused of failing to get Redmer the medical help he apparently needed. These do not seem like particularly difficult requirements to comply with, and when a facility fails a patient in such a fragile condition, the outcome can be devastating to the patient and their family. If violations of standards occur and a death results, the patient's family is entitled under the law to pursue a wrongful death lawsuit.
Proving Violations of the Standard of Care
In case involving medical treatment or drug rehabilitation, a violation of the standard of care must be established by competent, expert testimony. While some violations might seem obvious, such as allowing a drug addict access to dangerous medications, much more often than not an expert with significant experience at drug counseling and/or medical monitoring of drug addicted patients will be necessary. Under California law, when the subject of a lawsuit is "sufficiently beyond common experience" an expert's testimony may be offered to establish the plaintiff's case. (California Evidence Code Section 801) In the vast majority of medical malpractice cases, nearly all of them, an expert health care provider will have to testify that there was a breach of the "standard of care" in order to establish liability against the defendant. The same is true for drug and alcohol rehabilitation facilities.
If you or a loved one has been the victim of medical neglect, consultation with an experienced malpractice attorney is often the best first step toward securing compensation and obtaining civil justice.
SOURCE: Huntington Beach detox facility where man died is closing - exclusive, ABC News, Orange County, August 6, 2013, by Eileen Frere
No comments:
Post a Comment