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Santa Cruz Drug and Alcohol Rehabilitation Center Injury Lawyer 

When an individual is struggling with an addiction, the last resort of recovery is often a rehabilitation facility. These facilities offer hope for many. But the tragedy is when these individuals are hurt by the very facility that they have put their trust in. If you or someone you love has been injured or harmed in a drug or alcohol rehabilitation setting, you may have legal recourse. 

The Good and the Bad of Rehab

Drug and alcohol rehabilitation in California has become a billion-dollar industry, growing exponentially due to an ever-increasing opioid crisis. Unfortunately, there is a lack of regulatory standards for these businesses. In many cases, treatment is not dictated by medical necessity but sheer profit since addicts have become high-paying patients. 

Drug and alcohol rehab centers occupy a gray area in our healthcare system. While they are not really hospitals, they can still offer critical medical assistance to those who need it and still collect insurance money for services. 

But unlike hospitals, there is little regulation even though the possibility for harm and negligence by staff, treatment, and even other patients exists. And the industry has been the subject of many cases of abuse, especially since addicts can be particularly vulnerable to exploitation. 

A Profitable Industry Without Much Oversight

Rehabilitation centers have popped up everywhere in California, and people flock to them out of desperation. For many people, it is their salvation after hitting bottom. Some rehab centers do very adequate jobs in treating patients with medication, counseling, and lifestyle changes. But some are simply in it to make money. And it is in these facilities that often don’t have the qualified medical and support staff and protocols in place when patients are often harmed. 

How is “Rehab” Defined and How Are These Facilities Regulated?

There are virtually hundreds of rehabilitation options in California, most offering to help get alcohol and drug-addicted individuals back on track. But there is no set definition for a “rehab” center in California with little regulations surrounding any of them. 

Because of the lack of regulations surrounding these businesses, an individual who has been harmed in one of these facilities often has to rely on the concept of negligence and reasonable standard of care to make them accountable. Although rehab centers must provide a reasonable standard of care, in an unregulated industry, it is often difficult to pin down what “reasonable” is in any given instance. And any evidence to the contrary is often controlled by the rehab entity itself.  

In the State of California, there are a number of different businesses that would fall  under the heading of “rehab” centers, including

• Residential treatment centers

• Outpatient treatment centers

• Detox centers

• Partial hospitalization programs

• Sober living facilities

and more. Each of these falls under different oversight and have different licensure requirements. 

If you or a loved one has been harmed by a rehab center in Santa Cruz, Aptos, Watsonville, Monterey, Los Gatos, San Jose, San Francisco or anywhere else in California, it’s imperative to get the skill and advice of an experienced drug rehabilitation injury lawyer in California to launch a thorough and independent investigation.

In-Patient or Out-Patient Facilities

Rehab treatment centers fall into two main categories: inpatient and outpatient facilities. In outpatient facilities, a patient will live a relatively normal life, living at home and scheduling treatment at the facility. Often, they transition to an outpatient facility after inpatient care. Inpatient facilities are where patients live in the center for the entire duration of their treatment. Although inpatient treatment is voluntary in most cases, it may also be involuntary or even court-ordered in some situations. 

In these two situations, patients will go through various recovery steps such as detoxification, rehabilitation, and ongoing aftercare support. It is in an inpatient setting where most rehab center negligence takes place. 

What is Rehab Negligence?

When staff in rehab facilities fail to provide reasonable care for their patients, it can be considered negligent under the law. This failure in care can be supervisory, a failure to provide the right medication program, or other standards of care in a 24-hour facility. 

California does have laws in place to protect patients in inpatient settings under the Elder Abuse and Dependent Adult Civil Protection Act. Fortunately, the law sees those who live in inpatient drug and alcohol rehab centers as “dependent” people who should not be 

• Subjected to abuse, neglect, abandonment, or any other behavior which could cause physical or mental harm.

• Subjected to a caregiver or staff member who is depriving them of goods or services that are necessary to avoid physical or mental harm. 

Under California laws, these behaviors can be seen as negligent in an inpatient setting and the facility can be held legally liable. If you or a loved one has received negligent care in an inpatient setting, you should get the legal counsel of a California attorney.

Types of Rehab Center Negligence

Negligence in an inpatient rehab setting can take several different forms.

• Negligent evaluation -- Staff should have a thorough understanding of the state and personal circumstances surrounding the patient so appropriate care and treatment can be pursued.

• Negligent supervision -- Each patient should be provided safe and supportive supervision. 

• An unsafe environment -- The safety of a patient is paramount. A facility should be kept clean, hygienic, and free from environmental and premises risks.

• An unqualified staff -- Appropriately qualified and trained staff must be in place to ensure the safety and physical and emotional health of a patient.

Even though abuse would not fall under the concept of negligence, it is important to note that vulnerable people are more subject to abuse by staff members and other patients. Abuse in a rehab setting can cause substantial physical and emotional harm. 

What Kinds of Injuries Can Be Suffered in a Rehab Center?

Physical and emotional injuries take place every day in drug and alcohol rehab settings. In many cases, people are even hurt by the very treatment that they are taking for their addiction. These are possible ways that a vulnerable addicted individual may be harmed in an in-patient setting:

• Medications may be given that have an adverse reaction to the medications the patient is currently using.

• The patient may suffer severe withdrawal that the center does not handle appropriately.

• The patient may relapse and the center does not handle it properly.

• Staff may forcibly require attendance in programs.

• Staff may provide neglectful care

• Staff may sexually abuse a patient

• Staff members or other patients may assault a patient

These not only represent negligence, but some can be considered intentional and even criminal. Getting the skill of a lawyer is critical. 

Inadequate Medical Services

Addiction rehabilitation is difficult for the patient as it is without further medical complications. It is essential that the staff understand what medications the patient is currently taking and the possibility of adverse reactions with addiction medications. It is also important to understand the daily medical needs of any patient as they apply to an inpatient scenario. 

Unfortunately, as profitable as some of these places are, they are often under-equipped, under-qualified, and under-staffed to provide medical care to their patients. When the basic medical needs of patients go unmet, serious injuries can be the result. 

Assault or Abuse By Staff

Addicted individuals can be vulnerable as well as volatile. Staff must be trained, qualified, and prepared to deal with patient volatility in an appropriate and safe manner. Although some manner of strength must be applied in a case where violence has broken out, excessive force can lead to severe injuries and even fatality. 

Not only is an addicted individual subject to assault by staff members, but they can also be susceptible to sexual assault. In these situations, the facility can be held responsible for these behaviors. 

Assaults By Other Patients

Inpatient treatment centers often care for multiple addicted individuals at a time. When people who are dealing with addiction and emotional issues come together, there is the possibility of misunderstandings and assaults between patients. Because of the high potential for these types of conflicts, a rehab center should be fully qualified and prepared to deal with them and be held responsible when patients harm each other. 

Even if it appears that there was little that could have been done, a thorough investigation by a dedicated lawyer often uncovers things that the center could have done to prevent violence and its subsequent injuries. 

You May Be Entitled to Compensation

If you or a loved one suffered injury or harm in a rehab facility setting, you may be entitled to compensation. These can include;

• Any medical expenses as they relate to your recovery

• Any future medical expenses as they may be associated with your injuries

• Lost wages

• Lost earning capacity if your injuries have impacted your future earning ability.

• Pain and suffering

• Punitive damages against the facility for egregious conduct.

Get Professional Legal Advice

If you or a loved one has been injured in a drug or alcohol rehabilitation center, you owe it to yourself to get the legal guidance of an California lawyer. Wave Law Firm is dedicated to representing injury victims and those who have been harmed by another’s negligence. Contact us for a no-cost consultation to understand your rights under the law.