27 August 2025
In the treatment of substance use disorders, particularly opioid addiction, there is one medication that stands above all others in its life-saving potential: Naloxone, commonly known by the brand name Narcan. At Mitchell Shapiro Greenamyre & Funt LLP, we have seen firsthand the devastating consequences when rehabilitation facilities fail to maintain adequate supplies of this crucial medication. This article examines why Naloxone is essential in rehabilitation settings and why its absence constitutes a serious breach in the standard of care.
What Is Naloxone and How Does It Work?
Naloxone is an opioid antagonist medication that rapidly reverses an opioid overdose. It works by:
- Binding to opioid receptors in the brain
- Blocking the effects of opioid drugs (heroin, oxycodone, fentanyl, etc.)
- Quickly restoring normal breathing in a person whose respiration has been suppressed or stopped by opioids
- Acting within minutes when administered correctly
- Having virtually no effect if opioids are not present in the system
This medication is not a controlled substance, has no potential for abuse, and produces no pharmacological effect in the absence of opioids. Simply put, Naloxone saves lives during opioid overdoses, which makes it an indispensable tool in any setting where individuals with opioid use disorders are present.
Why Rehabilitation Facilities Face Unique Overdose Risks
Many people assume that drug rehabilitation facilities would be the safest places for individuals struggling with addiction. However, several factors create specific overdose risks in these settings:
- Reduced Tolerance: After even brief periods of abstinence, an individual’s tolerance to opioids decreases significantly, making them more vulnerable to overdose if they relapse.
- Polysubstance Use: Many patients in treatment have histories of using multiple substances, which can complicate withdrawal and increase overdose risk.
- Vulnerable Transition Periods: Admission to treatment, transitioning between levels of care, and discharge are all high-risk periods for relapse.
- Co-occurring Mental Health Conditions: Many individuals with substance use disorders also experience mental health challenges that may increase impulsivity or risk-taking behavior.
- Proximity to Others in Active Addiction: Despite best efforts, substances can sometimes be brought into treatment facilities by patients or visitors.
These factors create an environment where the risk of overdose, while hopefully reduced, is still very much present. This reality makes Naloxone an essential safety measure—comparable to having a fire extinguisher in a building.
The Legal Standard of Care
In Georgia, as in most states, rehabilitation facilities have a duty to provide care that meets established professional standards. For facilities treating individuals with opioid use disorders, this standard of care unequivocally includes having Naloxone readily available. This requirement is supported by:
- Guidelines from the Substance Abuse and Mental Health Services Administration (SAMHSA)
- Recommendations from the American Society of Addiction Medicine
- Best practices established by leading treatment centers nationwide
- Requirements from many state licensing authorities
- Policies of private accreditation organizations like CARF and The Joint Commission
A facility’s failure to maintain Naloxone supplies and train staff in its use represents a fundamental breach of this standard of care—one that can form the basis for a negligence claim if an overdose death occurs as a result.
Beyond Mere Availability: A Comprehensive Approach
Having Naloxone on-site is necessary but not sufficient on its own. A comprehensive approach to overdose prevention in rehabilitation facilities should include:
- Strategic Placement: Naloxone should be stored in multiple, easily accessible locations throughout the facility.
- Regular Inventory Checks: Staff should conduct regular checks to ensure Naloxone supplies have not expired.
- Universal Training: All staff members—not just medical personnel—should be trained in recognizing overdose symptoms and administering Naloxone.
- Clear Protocols: Written procedures should outline exactly when and how Naloxone should be administered, as well as steps to take before and after administration.
- Documentation Requirements: Each instance of Naloxone use should be thoroughly documented, with a subsequent review to identify potential gaps in safety procedures.
Facilities that implement these measures demonstrate a commitment to patient safety that goes beyond minimal compliance with legal requirements.
When Facilities Fail: The Consequences of Negligence
The absence of Naloxone in a rehabilitation setting can have catastrophic consequences. In cases we have handled, families have lost loved ones to preventable overdoses where:
- Naloxone was not available on-site
- Naloxone was available but expired
- Staff were untrained in recognizing overdose symptoms
- Naloxone was kept in locked locations inaccessible to most staff
- Protocols for Naloxone administration were unclear or nonexistent
These cases represent not just personal tragedies but systematic failures in the duty of care. When a person enters treatment, they and their families place enormous trust in the facility’s commitment to safety. The absence of this life-saving medication betrays that trust at the most fundamental level.
Legal Recourse for Families
If you have lost a loved one to an overdose in a rehabilitation facility where Naloxone was not available or not used appropriately, you may have grounds for a medical negligence or wrongful death claim. These cases typically involve:
- Establishing the applicable standard of care
- Demonstrating how the facility breached that standard
- Proving that this breach directly contributed to the death
- Documenting the damages suffered by surviving family members
At Mitchell Shapiro Greenamyre & Funt LLP, we work with expert witnesses in addiction medicine to build compelling cases that hold negligent facilities accountable and provide families with the compensation they deserve.
A Call for Higher Standards
Beyond individual cases, our firm advocates for stronger regulations and enforcement mechanisms to ensure that all rehabilitation facilities maintain appropriate safety measures, including Naloxone availability. By holding negligent facilities accountable through civil litigation, we contribute to a system-wide improvement in safety standards that protects all patients seeking recovery.
If your family has been affected by a preventable overdose in a rehabilitation setting, please contact our office for a free consultation. While no legal action can undo the loss you have suffered, it can provide a measure of justice and potentially prevent similar tragedies in the future.
This blog post is intended for informational purposes only and does not constitute legal advice. Every case is unique, and outcomes will vary based on the specific facts and circumstances involved.