What to do if at age 21 I went into a drug rehab but almost died from the medications that they gave me?

They gave me methadone and klonopin. The next day I started hallucinating and they gave me more. I woke up in the ICU. I had to stay hospitalized for 6 days and my liver almost failed and I came close to dying. They had to give me narcan 3 times; I couldn’t walk or eat for a while. Even workers at the rehab said that if they hadn’t found me I’d be dead. This was a little over a year ago. Can I sue them? I am very traumatized.

Asked on October 2, 2014 under Malpractice Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Medical malpractice is negligence.

Negligence is the failure to exercise due care (that degree of care that a reasonable drug rehab would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit against the drug rehab, it may be possible to settle the case with its insurance carrier.  Your claim filed with the drug rehab's insurance carrier should include your medical bills, medical reports, and if applicable, documentation of wage loss.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury / illness /condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.

If the case is settled with the drug rehab's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the drug rehab's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the drug rehab.

If the case is NOT settled with the drug rehab's insurance carrier, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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