I Was Injured By The Staff At My Rehab Center
Substance abuse rehab centers are required to exercise a very high duty of care toward their patients, to ensure that they have the right environment in which to focus on getting their lives together. However, sometimes, corners are cut; the premises may not be kept in good repair, the equipment may be outdated, or the staff may not act as they should, either in doing their jobs or in relating to their patients. If you believe that you were injured due to the neglect of one or more staffers while in rehab, you have the right to seek compensation from the center for what you have been through.
Differing Duties of Care
Years ago, the substance abuse treatment business was very loosely regulated in Florida, allowing far too many unscrupulous actors to take root and take advantage of vulnerable patients. Since then, state officials have created a stricter standard that providers must adhere to, lest they potentially face both civil and criminal penalties. However, the duty of care owed by the staff at substance abuse rehab centers is not always clear-cut, particularly if a worker is not a licensed medical professional.
A medical professional, such as a licensed clinical social worker (LCSW) or addiction therapist, must exercise a very high duty of care in Florida, matching the actions of “reasonably prudent similar healthcare providers” in the same situation, which constitutes the “prevailing professional” standard of care. However, others who may be on staff at substance abuse rehab centers, such as receptionists or cleaning staff do not have that obligation. If their negligence directly causes injury or death to a patient, they still may wind up liable under theories of law like premises liability.
What Claim To File?
If you have been injured as a result of someone else’s negligence, you have the right to seek compensation for the harm you have suffered – but who to file suit against will depend on the specifics of your situation. Medical malpractice claims are some of the most common, though in Florida, they can be costly and difficult, requiring an injured patient to jump through several hoops before they can even file suit (for example, a medical malpractice plaintiff usually has to provide the affidavit of an expert witness asserting that the claim is in good faith before it can go forward).
Other types of claims that you may be able to file, depending on the facts, include premises liability (essentially, failing to make the premises reasonably safe) and negligent hiring (a claim against the rehab center arguing that they did not properly vet their employees before hiring them). You may also be able to seek compensation from multiple defendants; if more than one person or entity had a role in causing you harm, the law allows you to try and hold them liable.
Contact A Tampa Substance Abuse Rehab Center Attorney
The staff at a substance abuse rehab center have a duty to exercise all due care with the patients who come to them for help in getting clean. If that duty is breached, the patient suffers – but if that has happened to you, you have the right to seek damages for what you have been through. A Tampa treatment center negligence attorney from the Rinaldo Law Group can help answer any questions you may have about your case. Call us today for a free consultation.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.102.html
