Kaufman & Stigger, PLLC can help you or a loved one that’s been injured while in the care of a drug rehabilitation facility in Kentucky. In recent years, drug epidemics have hit Kentucky especially hard. That’s part of the reason why there are so many rehab facilities and programs available here. Unfortunately, just like any other care facility, negligence could leave you or a loved one injured. When that happens, our team will be there with guidance and support. Set up a free consultation today to learn more.
Do I Need a Lawyer?
If you’re in a drug rehab facility in Kentucky, you’ve already been through ups and downs. Your day-to-day recovery is the goal of these facilities, but unfortunately, it takes a huge amount of supervision and work. Not just from you, but from the people around you. When you think about the staff, doctors, and everyone else you see every day, it’s not that difficult to see how negligence could leave you injured.
But do you need a lawyer? Not all the time. But if you’ve been seriously injured or aren’t sure where your potential injury fits in legally, working with our team can really help you and your family. We will:
- Investigate what happened and how your injuries resulted.
- Explain what your options are and what the path ahead looks like.
- Help you gather key evidence to strengthen your claim.
- Handle all the negotiations with the facility or insurance companies.
- Make things easier while you and your family can focus on recovery.
With these types of situations, injuries tend to be more serious and explanations don’t always add up. A lot of the time, companies and facilities are worried about protecting themselves first. Our team can take some of that pressure off of you and your family.
What Evidence Should I Look For After an Injury at a Rehab Facility?
One of the biggest issues with any drug rehab injury is confusion. Either it happens to a loved one and you’re not there at the time or it happens to you while you’re in the throes of treatment. One way or the other, though, it’s about getting evidence that’s available right after the accident happens. That usually includes things like:
- Pictures/videos of injuries. Document physical injuries with pictures/video as soon as possible. Bruises, cuts, and swelling heal after a while, so it’s important to catch them at their height. Also, make sure to document the injuries over time, as well as any potential hazards that might have caused them.
- Medical records are another key piece of evidence. This includes records from the rehab facility as well as any outside hospital or doctor visits that occur after the injury. These documents can help show when an injury was discovered, how it was treated, and whether there were delays or gaps in care.
- Emails, text messages, or written notes from staff members could give an explanation about what happened. Keeping copies of anything the facility provides, including incident reports or discharge summaries, can be helpful before things change or disappear.
- Statements from your loved one that are made close in time to the injury can carry weight, especially when details are consistent. Writing down what they say, in their own words, helps keep those details while they are still fresh.
- Statements from other patients, visitors, or even staff members may have seen what happened or noticed unsafe conditions. While families cannot always speak directly with witnesses, noting names or descriptions can help later if questions arise.
No single piece of evidence tells the whole story. And it doesn’t have to be collected perfectly. Our team can piece everything together, and can even help you and your family with hard-to-get things like internal facility camera footage or other things they won’t be quick to give up.
What Actually Causes Injuries in Rehab Facilities?
Even though the structure and day-to-day life is very controlled in a rehab facility, there’s actually a lot of different ways (and things) that can cause injuries. That’s not so much due to the environment, but rather the fact that a rehab facility is essentially like any other care facility:
- Lack of supervision. One of the biggest issues is lack of supervision. Patients who need regular check-ins are sometimes left alone for long periods, especially at night or during staff shift changes.
- Short-staffing. When facilities are short-staffed, it becomes easier for warning signs to be missed and harder for staff to respond quickly when something goes wrong.
- Issues with medication. This isn’t all that surprising. Rehab patients have strict schedules with medications they take, and if something is missed (or given too much), it creates problems.
- Lack of training. Training also plays a big role. Some staff members are not given enough preparation to handle medical issues, mental health crises, or escalating behavior between patients. High turnover makes this worse, since new employees are often thrown into difficult situations before they’re ready.
- Problems with the building. The physical condition of the facility matters too. Slippery floors, poor lighting, broken handrails, or crowded sleeping areas increase the risk of falls and other injuries.
In a rehab facility, injuries don’t just happen. But most of the time, it’s also not about one dramatic thing that happens, either. It’s a combination of these things that all work together to finally break. And this brings up a key point: who’s responsible?
Who Is Actually Responsible When Someone Is Hurt in Rehab?
The biggest question that comes after you or your loved one is hurt while under the care of a rehab facility is pretty simple: “How did this happen, and who dropped the ball?” It’s a fair question, but the answer isn’t always obvious. Rehab facilities are busy places, and patients often interact with many different people throughout the day. Some are employees of the facility, while others may be outside providers brought in to help with treatment.
Legally speaking, these situations usually come down to negligence. That doesn’t mean that someone meant to cause harm. It means that a rehab facility or some other person:
- Had a responsibility to keep your loved one safe and failed to live up to that responsibility.
That sounds straightforward, but again, it rarely works that way in a real life situation. Basically, negligence has to be involved, but it also comes down to what happened and who was in charge at the time. With that, responsibility for injuries could fall on:
- The rehab facility management or staff
- The company that owns the building
- Doctors or contractors that work in the facility
- Security or maintenance contractors
- Other patients or outside vendors
- Makers of medication or other products
At its core, these cases come down to whether the facility did its job. Rehab facilities have a responsibility to keep patients safe, provide proper care, and watch for problems. When they fail to do that, and someone gets hurt as a result, that failure matters. That’s why Kentucky gives you and your family legal options.
What Options Do I Have After a Rehab Facility Injury?
While it can be very complicated, a rehab facility injury is still legally an injury claim. That gives you and your loved one that was hurt certain options. However, it can only happen once you establish negligence. From there, your options typically involve:
- Filing an insurance claim out of court.
- Filing a personal injury lawsuit.
No matter which path you choose—whether that’s an insurance claim or a lawsuit—the heart of your case stays the same. It is about helping you recover what was taken from you and what you will need going forward because of the injury, like:
- Medical expenses now and in the future
- Lost income
- Repair/replacement costs for damaged property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses for fatal injuries or accidents
The value of a rehab facility injury claim is not one-size-fits-all. It usually comes down to a few key things: how serious the injury is, whether the facility or its staff clearly failed to do what they were supposed to do, and how well the injury is backed up by records. Medical charts, incident reports, photos, and statements from staff or other residents can all make a difference.
Timing also matters more than many people realize. In Kentucky, most rehab facility injury claims must be filed within one year of the injury. If that deadline passes, you may lose the ability to recover anything at all. Starting the process sooner helps protect evidence and gives you room to consider your options without feeling rushed.
Frequently Asked Questions
What if I don’t know who’s responsible for my loved one’s injuries?
That’s common in this situation with so many different people involved, but our team can help you gather all the relevant and telling evidence about what happened. From there, we can also look into internal facility evidence to figure out who actually caused your loved one’s injuries.
What if the rehab facility says the injury was unavoidable?
Facilities often say injuries are part of the recovery process, but that is not always true. Falls, medication errors, and untreated medical issues may point to preventable mistakes. A closer look at staffing levels, training, and records can help clarify what really happened.
How long do I have to file a claim in Kentucky?
Most rehab facility injury claims in Kentucky must be filed within one year of when the accident happened. Miss it, and you can’t file a claim at all.
Reach Out to Kaufman & Stigger After a Rehab Facility Injury in Kentucky
When you or a loved one of yours is in a rehab facility in Kentucky, you expect them to get care and help as they work through recovery. What you don’t expect is an injury because of the facility’s negligence. Unfortunately, this happens quite often throughout Kentucky. But you’re not stuck.
Our Kentucky rehab facility injury lawyers at Kaufman & Stigger, PLLC can help you and your family through the legal process so there is some level of financial recovery. Set up a free consultation today.
Additional Resources
Louisville Drug Rehabilitation Facility Negligence Lawyer
Lexington Drug Rehabilitation Facility Negligence Lawyer
