Residential Substance Abuse Treatment Program Investigations Expert Article

In this article, Social Work Expert, Abigail Rich reviews the standards of care that apply to residential substance abuse treatment facilities. Litigation involving residential substance abuse treatment programs can include disputes regarding the death of a resident either while residing in the program or shortly after they have discharged, adequacy and appropriateness of treatment services, search and seizure, or inappropriate employee and resident conduct.

Expert Investigations Involving Residential Substance Abuse Treatment Programs

Residential substance abuse treatment programs are inpatient facilities for adults or youth that suffer from alcohol and/or drug addictions.

These programs are 24-hour, live-in treatment programs that provide intensive rehabilitation services for people who need a structured and supportive environment to address substance abuse and often co-occurring mental health issues like depression, anxiety and trauma.

Due to the vulnerability of this patient demographic, any alleged incident involving abuse, quality of care, or inadequate supervision, among others, requires careful investigation.

An expert’s analysis typically begins with an assessment of the agency’s intake process, the actual treatment stay, the discharge process, the training and supervision of the employees, as well as the agency’s policies and procedures.

Sample Discovery Questions/Items for Expert Evaluation

Before Treatment:

1. Was the referral of the patient to this program appropriate and in alignment with the patient’s care and supervision needs?
2. Were the patient’s Person and property searched upon admission?
3. Were all prescribed medications logged and evaluated?
4. Were intake assessments conducted (physical and behavioral)? 

During Treatment:

To evaluate the treatment a patient was receiving, helpful items for expert analysis include:

1. Individualized Treatment Plan
2. Documented treatment provided
3. Releases of information signed for collateral contacts (probations/parole, legal counsel, child welfare case managers, etc.)
4. Records of room and resident searches and seizures
5. Documented drug screens/tests
6. Records of any medical care required by the patient
7. Medication storage and distribution methods

Equally important is the examination of the agency and its care provider’s development and adherence to the treatment plan, aligned treatment services, and reports of any irregularities or lapses on the part of the patient to approved collaterals like probation/parole represents a violation of the standard of care.

After Treatment (if applicable):

Depending on the facts of the case, an expert may also examine how and why a patient was discharged from a treatment program.

Of particular interest is whether the discharge was regular, (meaning the individual completed the program), or irregular, (meaning the individual discharged prior to successful completion - either voluntarily or involuntarily).

From there, the expert may review the discharge plan and any scheduled or required after-care appointments, after-care client follow-ups, and any medication that was provided at discharge.

Examples of potential incidents:

• Overdoses and deaths in the facility
• Assaults in the facility (physical or sexual)
• Staff misconduct (relapses, drug dealing, inappropriate relationships with patients, breaches of confidentiality, theft)
• Medication distribution errors leading to death or medical complications
• Suicide
• Financial Exploitation
• Unsafe physical environment

Residential Treatment Program Expert Investigations

Robson Forensic offers comprehensive evaluations towards the resolution of disputes involving the adequacy of residential treatment, care and supervision at a broad range of private, public and institutional settings. Among our experts you can find technical experts with professional experience as licensed clinical social workers, administrators of health care and supervision facilities, psychologists, nurses, and toxicologists.

For more information, submit an inquiry or call us at 800.813.6736.

Featured Expert

Abigail Rich, LCSW

Social Work Expert

Abigail Rich is a Licensed Clinical Social Worker with more than 20 years of post Masters experience. Abigail has experience as both a direct care Social Worker and Supervisor. She has worked in… read more.