Garcia & Artigliere Files Lawsuit Against Mission Elder Care on Behalf of Woman who was Sexually Assaulted and Suffered Severe Lack of Care
Garcia & Artigliere filed a lawsuit against Mission Elder Care, a residential care facility for the elderly, for knowingly violating numerous state governance laws which left Mary Chamberlain and other residents subject to extreme pain and suffering, all in the name of maximizing profits.
Filed in the Superior Court in Orange County, the lawsuit accuses the Mission Viejo facility of elder abuse, negligence and battery, negligent hiring, supervision and training, and fraud.
In addition, the lawsuit alleges that the facility covered up and fraudulently concealed conditions at the facility by not submitting reports to state licensing authorities; and that Ms. Chamberlain’s family was never informed of her worsening condition caused by the negligent care she received.
While under the care of the home, Ms. Chamberlain, an elder with significant impaired mental capacities, was alleged to have been sexually assaulted by a male employee even though his criminal history as a sexual predator was known by management and ownership.
“To describe this as sub-standard care is putting it mildly. Safety and security did not exist. Not only did the facility recklessly allow known perils to take care of their residents, their behavior is malicious and oppressive at its highest level.” said Stephen Garcia, lead attorney with Garcia & Artigliere. “She was a guest at Mission Elder Care but they engaged in unlawful and deceitful behavior, and subjected her to inhumane treatment.”
Ms. Chamberlain should have never been allowed to live at the facility, Garcia noted. Her doctor clearly advised the managers and owners of the facility that her serious health conditions prohibited her from being admitted into their board and care. Her condition included a severe skin disorder, pressure sores, dementia, impaired social interaction, and many daily living disabilities which made her immobile requiring constant care which could only be provided by a skilled nursing facility. Nonetheless, in their lust for the almighty dollar Mission Elder Care unlawfully admitted and retained Mrs. Chamberlin as a resident and then just ignored her allowing her to be rampantly abused.
“Ms. Chamberlain needed more care and supervision than the facility could provide,” Mr. Garcia said. “Even the facility acknowledged that Ms. Chamberlain was not ambulatory and could not care of herself but they kept her anyway. They also withheld care from her which endangered the other residents.”