A lawyer for the Georgia rehabilitation center Narconon argued that a wrongful death suit brought against the facility should be dismissed. The judge took the information under advisement, and the case is set for trial in a month’s time.

The wrongful death suit was filed by a patient’s family after their loved one died from a drug overdose while in the care of the facility. The patient was a former Marine who had been previously sentenced by a Florida drug court to an in-patient drug and alcohol rehabilitation center. The 28-year-old allegedly was drinking alcohol with an individual who works for Narconon. He was also using heroin with two former Narconon patients on the day that he died.

The facility’s attorney is arguing that a person who voluntarily ingests something does not have the right to sue. However, the family contends that because an employee was drinking with their family member, the rehab facility should be held liable for the patient’s death. Additionally, the court has already ruled that Narconon of Georgia presented itself in a way to act as if it was a residential treatment facility in order to draw in the patient. The family’s attorney also contends that the facility should be held liable based on this misrepresentation.

When a person is in the care of a medical facility, the facility has the legal responsibility to treat patients with reasonable care. A medical expert may provide testimony regarding the standard of care in the industry to help establish the patient’s claim. A wrongful death attorney may be able to consult with a medical expert to help with a client’s case.

Source: WSB Radio, “Narconon wants wrongful death suit thrown out,” Pete Combs, Jan. 18, 2013