Garcia, Artigliere, & Medby Files Class Action Against Manor Care Health Services for Wrongful Death, Elder Abuse and Negligent Hiring

Garcia, Artigliere & Medby filed a class action lawsuit against Manor Care Health Services – Fountain Valley (“Manor Care”), alleging wrongful death, elder abuse, as well as negligent hiring and supervision. Garcia, Artigliere & Medby filed this class action on behalf of their client, Thomas Mac Rae and his family. Mr. Mac Rae died while a patient at a Manor Care facility.

The class action lawsuit alleges that Mr. Mac Rae died as a result of Manor Care’s failure to properly treat and protect him from elder abuse. He suffered from renal failure, dehydration and a Stage III pressure sore on his coccyx, all as a result of the alleged inadequate care, stemming from the negligent hiring and supervision of Manor Care.

This lawsuit is a second amended complaint for damages arising out of an initial complaint alleging elder abuse, negligence and negligent hiring and supervision. The initial complaint was also filed by Garcia, Artigliere & Medby.

“Mr. Mac Rae entered Manor Care to recuperate from an ordinary hip surgery and, due to their gross negligence and abuse, he died less than one month later,” said Founding Partner Stephen M. Garcia.

Background
On October 10, 2013, Mr. Mac Rae was admitted to Manor Care for rehabilitation after hip fracture surgery. He also suffered from pneumonia, Type II diabetes and arthritis.

The employees at Manor Care were understaffed and undertrained. They left Mr. Mac Rae in his bed for extended periods of time lying in his urine and feces, failing to reposition his body to prevent body sores, while also failing to provide adequate nutrition.

Manor Care’s lack of care was so acute that early on the morning of October 20, 2013, Mr. Mac Rae –suffering from excruciating hip pain – was forced to call 911 himself due to Manor Care’s unwillingness to provide him with even the most minimal level of care.

Manor Care failed to notify Mr. Mac Rae’s family of his deteriorating condition. His family members were shocked to see him in such bad health when they visited. When Mr. Mac Rae’s daughter demanded her father be transferred to a hospital, the nurses refused claiming he had to make the request himself. Mr. Mac Rae was in no condition to make that request.

When he was finally transferred to the hospital, he was diagnosed as suffering from dehydration, malnutrition, renal failure and Stage III pressure sores on his coccyx. He was placed in a medically induced coma and placed on a ventilator.

On November 9, 2013, Mr. Mac Rae died.

Mr. Garcia added, “According to the California Department of Public Health, Manor Care Health Services – Fountain Valley, the facility where Mr. Mac Rae resided, was in chronic violation of applicable rules, laws and regulations as stated in state surveys and complaint investigations, including a long and lengthy history of violating resident rights and providing substandard care to residents.”

For example:
• In 2009, Manor received 70 notices of deficiencies for providing substandard care to its residents and for violating resident rights.
• In 2010, it received 45 notices of deficiencies for providing substandard care to its residents.
• In 2011, it received 35 notices of deficiencies.
• In 2012 it received 23 deficiencies for providing inadequate care and violating resident rights.

“These deficiencies are mind boggling,” concluded Mr. Garcia.