Having a family member or someone you care about in treatment at a Kentucky drug rehab facility is incredibly difficult. Even if you know that’s where they should be, it’s almost unthinkable when they end up dying. As hard as it is, it brings up questions about what to do next. And that’s where our Kentucky drug rehab facility negligence team at Kaufman & Stigger, PLLC can guide you. Set up a free consultation today.
What Should I Do After Someone Dies at a Rehab Facility in Kentucky?
Sadly, it’s not unheard of when a death happens inside Kentucky rehab facilities. Detox and addiction treatment are extremely difficult, and people going through withdrawal or recovery are fragile. But when someone dies in a place that’s supposed to be monitoring and helping them, it shouldn’t just be written off as “something that happens.”
There are steps that can be taken to get more information about what happened:
- Ask for the facility’s incident report. Start by requesting a written report from the rehab facility explaining what happened. Most facilities create internal reports after a serious event like a death. The report should include details like:
- Your loved one’s name
- The date and time of the incident
- Where it happened inside the facility (detox unit, bedroom, common area, etc.)
- The staff members who were on duty
- A timeline of what staff say happened
- What steps were taken to respond
- Any medication that was given—or not given
This report won’t necessarily tell the whole story, but it gives you a starting point.
- Find out if there’s video footage or photos. Many rehab facilities have security cameras in hallways or common areas. That footage can sometimes show important details—like how long someone was left alone or how quickly staff responded. Some facilities also take photos or collect other documentation as part of their internal review after a serious incident.
- Look into the facility’s history. While deaths in treatment settings can happen, they’re rarely completely random. If a facility has a pattern of overdoses, medication issues, understaffing problems, or prior complaints, that can point to a larger safety issue. In Kentucky, facilities are overseen by the Kentucky Cabinet for Health and Family Services, which handles licensing and inspections for many healthcare facilities.
- Talk with the facility directly. It can also help to speak with the facility’s administration about what happened. They may be able to answer some immediate questions.
As you go through these steps, just keep in mind that the facility will probably be more concerned about protecting itself. What they tell you can be helpful, but it usually isn’t the entire picture. One way or the other, though, that doesn’t change what you can do after you get this information.
What Legal Options Are Available After a Death at a Kentucky Rehab Facility?
When someone you care about enters rehab, you’re focused on their recovery. Most families don’t spend time thinking about what they’d do if something went wrong. But if negligence played a role in your loved one’s death, Kentucky law gives you and your family an option for moving forward—a wrongful death claim.
In Kentucky, wrongful death claims have to be filed by the:
- Personal representative of the deceased person’s estate.
That person, the executor, is usually named in a will. But most patients in rehab don’t have a will set up. At that point, a probate court will appoint an executor. With that taken care of, things move forward through:
- An insurance claim.
- A lawsuit.
Many cases start as insurance claims against the facility or the healthcare providers involved. If the situation can’t be resolved that way, the case may move forward as a wrongful death lawsuit. The financial recovery in these cases is usually tied to the losses the family has experienced, which can include things like:
- Medical expenses related to the person’s care before they passed
- Funeral and burial costs
- The loss of the person’s income, salary, and employment benefits
- Future earnings they likely would have provided
- The loss of guidance, care, and support they would have given their children
- The emotional and financial impact of losing a close family relationship
- In some situations, additional damages meant to penalize particularly serious wrongdoing
Every situation is different, but these claims are meant to recognize the very real ways a sudden loss affects your family—not just emotionally, but financially and practically as well. There are also deadlines that apply. Your family only has one year from the date of death to file your claim. Investigating what happened at a rehab facility and gathering records can take time, so it’s usually helpful to start looking into your options sooner rather than later.
How Can Kaufman & Stigger Help My Family After a Death at a Kentucky Drug Rehab Facility?
Reading about the steps you should take after your loved one dies in a Kentucky rehab facility is one thing. Living through it is something else entirely.
If you’re dealing with a situation like this in Kentucky, it can help to talk it through with someone who understands how these cases work. Our team at Kaufman & Stigger, PLLC can help you and your family with:
- Piecing together records and documentation
- Looking at the timeline of what happened
- Explaining what options might be available
- Helping your family through a wrongful death claim
If you’re unsure where to start after a death at a Kentucky rehab facility, set up a free consultation today to start getting answers.
