San Diego Rehab Abuse Lawyers

Holding Rehab Centers Responsible in San Diego

If your loved one was under the care of a drug or alcohol treatment facility and lost their life because of negligence, you may be able to pursue a wrongful death claim. 

When you bring a case against a rehab center, you must prove that abuse or neglect led to your loved one's passing.

Generally, this means showing that the facility:

• Owed your loved one a duty of care: Staff was expected to provide proper treatment and services for the individual's particular situation.
• Breached that duty of care: The staff's actions or inactions fell below accepted standards. In other words, a reasonable and similarly situated professional would not have conducted themselves the same way.
• Caused your loved one's death: The staff's neglect or abuse is what led to the loss of life.
• Caused compensable losses: You and/or your loved one suffered compensable damages, such as medical care, pain and suffering, and funeral and burial expenses.

Proving negligence requires an in-depth investigation and a review of relevant information. Our rehab abuse attorneys in San Diego leverage our skills and resources to determine the cause of the incident, identify liable parties, and seek just compensation through negotiations or litigation.

Fighting Against Abuse and Neglect in Rehab Centers

Residential drug and alcohol treatment facilities provide in-patient care. That means residents are treated 24/7, whether that's administering medical care, mental health treatment, or medications. 

When accepting a new resident, these centers must:

• Screen the resident to identify the treatment needed,
• Refer residents to appropriate facilities equipped to handle special circumstances, and
• Provide reasonable care while the individual is a resident.

Rehab centers are obligated to provide service at the industry-accepted level. Unfortunately, not all do.

At non-complying facilities, abuse or neglect can occur, which can take the form of:

A center that is lax in its duty of care may be considered negligent and liable for damages that occur if a resident dies.

Rehab Abuse FAQ's

What constitutes rehab abuse in drug and alcohol rehabilitation centers?

Rehab abuse refers to any form of mistreatment or neglect that occurs in a drug or alcohol rehabilitation facility. This can include physical abuse, emotional abuse, sexual abuse, neglect, improper medical care, or any violation of a patient’s rights.

How can I identify signs of rehab abuse in a loved one?

Signs of rehab abuse may include unexplained injuries, sudden changes in behavior, fear of staff, poor personal hygiene, withdrawal from social interactions, or complaints about the quality of care. If your loved one expresses fear or reluctance to discuss their treatment, this may also be a red flag.

What legal rights do patients have in drug and alcohol rehabs?

Patients in rehab centers have the right to receive safe and appropriate care, be treated with dignity and respect, have their medical records kept confidential, and be free from abuse or neglect. They also have the right to file complaints if their rights are violated.

Can I file a lawsuit against a rehab center for abuse or neglect?

Yes, if you or a loved one has been a victim of abuse or neglect in a rehab center, you may be able to file a personal injury lawsuit. This can help you recover compensation for damages such as medical expenses, pain and suffering, and emotional distress.

What evidence is needed to support a rehab abuse claim?

To support a rehab abuse claim, it is crucial to gather evidence such as medical records, photographs of injuries, witness statements, documentation of complaints made to the facility, and expert testimony from medical professionals.

How long do I have to file a rehab abuse claim in San Diego?

In California, the statute of limitations for personal injury claims, including rehab abuse, is generally two years from the date of the injury or the discovery of the injury. However, specific circumstances may affect this timeline, so it’s important to consult with an attorney as soon as possible.

What should I do if I suspect my loved one is being abused in a rehab facility?

If you suspect abuse, take immediate action by reporting it to the facility’s administration, contacting local authorities, and seeking legal counsel. Document any signs of abuse and communicate with your loved one to understand their experience.

Can the rehab center retaliate if I report abuse?

It is illegal for a rehab center to retaliate against a patient or their family for reporting abuse. Retaliation may include threats, discharge, or any form of harassment. If retaliation occurs, it should be reported immediately, and additional legal action may be necessary.

What role does an attorney play in a rehab abuse case?

An attorney can help you navigate the legal process, gather evidence, file a lawsuit, and advocate for your rights. They will work to hold the responsible parties accountable and seek compensation for the harm caused.

How can I find a reputable rehab facility in San Diego?

To find a reputable rehab facility, research the facility’s reputation, read reviews, ask for recommendations from healthcare professionals, and ensure the center is licensed and accredited. It’s also important to visit the facility, speak with staff, and ask about their policies on patient rights and safety.