Campbell County Rehab Facility Negligence and Wrongful Death Attorneys
Advocating for Families After a Tragic Loss
When a family member enters a treatment facility, whether to recover from a substance abuse addiction or better manage an eating disorder, we expect them to receive the best care available. However, not all treatment and rehabilitation facilities are gentle, and many can actually be very harmful if they do not provide proper care for residents. This often occurs due to neglect, but even something as small as forgetting to check on a resident can cause serious injuries and even death.
If you or your loved one was injured due to a negligent rehabilitation facility, do not hesitate to contact Steven Titus & Associates, P.C. Our Campbell County rehab facility negligence attorneys can fight on your behalf to ensure any injuries or violations of care are brought to light and you receive fair compensation for the harm done to your or your loved one. Call us at (307) 257-7800 to discuss your case in a free consultation.
How Rehab Facilities Are Negligent
When someone has a serious physical or mental condition that requires extensive rehabilitation, they are often advised to enter an inpatient facility where they will live until they have recovered. These facilities vary depending on their specialty, with some handling substance abuse detox and rehabilitation while others manage conditions such as eating disorders or mental illnesses. These facilities have to take great care while treating residents and abide by all state and federal laws with regards to resident rights.
Sadly, these facilities can fail in their duty to care for residents, which can result in traumatic injuries, debilitating medical conditions, and death. This is often due to an act of negligence, which can include:
- Poor patient evaluation
- Lack of supervision
- Medication errors
- Unsafe or unsanitary facilities
- Hiring unqualified staff
Individuals who enter treatment and rehabilitation facilities are often very vulnerable and need gentle hands and guidance to recover from their unique situation. This is true for an elderly resident entering a nursing home as well for a young adult trying to recover from an addiction. Both deserve fair treatment under the law and, when facilities fail to provide for their health and safety, they can be liable for any injuries a resident suffers under their care.
Laws Regarding Treatment Facilities
All treatment facilities in the state of Wyoming must abide by the regulations and rules outlined by the Wyoming Department of Health. The department divides these regulations into two categories: mental health standards and substance abuse standards. Both require accreditation from federal agencies before the facilities can accept residents and strict adherence to the Department of Health’s guidelines. These guidelines are designed to protect residents from poor treatment on behalf of the facility and hold facilities at fault when the department receives a complaint of wrongdoing or mistreatment.
Alongside the oversight provided by the Department of Health, Wyoming treatment and rehabilitation facilities must also abide by several federal substance abuse and mental health laws regarding patient treatment, including:
- Substance Use-Disorder Prevention that Promotes Opioid Recovery and Treatment (SUPPORT) for Patients and Communities Act of 2018
- 21st Century Cures Act
- Comprehensive Addiction and Recovery Act (CARA)
- Affordable Care Act (ACA)
- Sober Truth on Preventing (STOP) Underage Drinking Act
- Children’s Health Act
Each of these laws is structured to maximize the health and safety of residents in treatment facilities, particularly with regard to facilities that handle substance abuse issues and mental health conditions. However, facilities do not always abide by these laws, which can result in catastrophic injuries. In some cases, a resident may die due to their injuries or even be driven to suicide by poor treatment.
While it may seem hopeless after losing a loved one, families do have a right to pursue a wrongful death claim if a facility acted negligently in their treatment of your loved one.
Pursuing a Wrongful Death Claim
A wrongful death claim is often filed against an individual, group, or company that commits an act of negligence that leads to a family member’s death. In order to pursue a wrongful death claim in Wyoming, the deceased’s estate must file the claim on behalf of the victim’s surviving family members, which can include a spouse, children, or parents. The basis for such a claim is that, if the deceased had survived, they would have been eligible to pursue a personal injury claim for damages against the party who injured them.
Filing a wrongful death claim against a rehabilitation or treatment facility is often done in order to recover compensation for the deceased’s family. This can include money that would go to covering funeral and burial expenses, lost wages, lost earning capacity, medical bills related to their death, and any pain they felt due to the fatal injury they suffered. Even in the tragic loss of a child, a parent could still pursue compensation for the lost potential earning capacity of the child, or what the child might have made if they had grown into an adult and had a job.
Wrongful death claims can also include punitive damages if the individual who caused the death of your family member also committed a criminal act. Punitive damages are designed to punish the at-fault party and can vary depending on the case, but they can also be included in your claim for compensation. However, to ensure the wrongdoer is brought to justice and you receive every cent from them after the passing of a loved one, you will need the aid of an experienced attorney.
Compassionate and Knowledgeable Legal Aid
Poor treatment at a rehabilitation facility is devastating. It can worsen a resident’s condition, severely injury them, and even take their life. Dealing with the aftermath of rehab facility negligence can be difficult not only for the resident but for the family, especially if the treatment results in their passing.
At Steven Titus & Associates, P.C., we understand how difficult it can be for you and believe that you deserve justice for your loss. If you or your loved one were injured due to a negligent treatment facility, please reach out to our Gillette personal injury attorney. Our legal team can provide a sympathetic ear and explain to you your rights in a free consultation. Depending on the factors of your case, we may be able to pursue a personal injury claim on your behalf to recover compensation for your injuries or loss. Call Steven Titus & Associates, P.C. at (307) 257-7800 to discuss your case.
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