Lincolnton, GA asked in Personal Injury and Insurance Defense for Georgia

Q: Probation ordered person to leave inpatient detox to come to Aiken sc, could not leave for 3 weeks, overdosed and died

Person was in a court ordered drug program, relapsed (which is common in the beginning). Voluntarily checked themselves into a 5-7 day detox unit. Aiken SC probation made him leave the inpatient facility (where he was being given Ativan (or something similar), which stays in your system several days, served him with court papers, was told he could not leave Aiken SC until court (3 weeks). I called the only facility in Aiken, and they would not take him. He overdosed that night and died. I know he should not have used drugs again, he had been out of treatment less than 2 days. If Aiken probation had let him return for treatment in Greenville SC, until the court date, he would still be alive, and as mentioned, he had drugs in his system also from the facility

1 Lawyer Answer
Latrice Latin
Latrice Latin
  • Mableton, GA
  • Licensed in Georgia

A: I am very sorry for your loss and this is as very tricky situation. In most Personal Injury cases you need to prove liability, causation and damages. Here we have the damage portion which would be the resulting death. The hard part is placing the liability on someone and proving that they In fact caused the death. Here we have the intervening circumstances of your friend's overdoses that may absolve any one entity of causation. Hope this helps and condolences to your friend and their family.

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