Nursing Home & Assisted Living Neglect

Assisted Living Cases

When you entrust the care of an elderly or disabled loved one to a long-term care facility—such as a nursing home or assisted living facility (ALF)—you expect dignity, safety, and professional oversight. Unfortunately, some facilities place profit over patient welfare, resulting in understaffinginadequate training, and substandard care.

Distinctions Between Nursing Homes and ALFs

  • Nursing Homes: Strictly regulated under federal and state laws. They must meet minimum staffing and care requirements.
  • Assisted Living Facilities: Intended for people who need minimal day-to-day assistance. Unlike nursing homes, ALFs do not have the same comprehensive federal regulations. Increasingly, ALFs accept residents needing more care than they can safely provide—leading to neglectful or dangerous conditions.

Typical Neglect

  • Falls: Due to lack of supervision, unsafe premises, or no fall-prevention programs.
  • Choking: Often results from improper meal prep or inadequate mealtime oversight.
  • Bedsores (Pressure Injuries): A red flag for neglect—immobile residents must be regularly repositioned.
  • Medication Errors: Wrong meds, skipped doses, or harmful interactions from disorganized systems or overburdened staff.
  • Dehydration & Malnutrition: Understaffed facilities may neglect hydration or nutrition monitoring, exacerbating health issues.
  • Wandering/Elopement: Dementia residents left unsupervised can wander away and sustain injuries or worse.
  • Infections: UTI, pneumonia, MRSA, or sepsis can spread quickly without strict infection control protocols.
  • Physical or Sexual Assault: Failing to screen employees or supervise leads to environments where abuse can occur undetected.
  • Understaffing: The root cause of most neglect, leading to missed call lights, poor hygiene, and hazardous living conditions.
  • Failure to Transfer to a Hospital: Some facilities intentionally avoid hospital transfers to keep occupancy high, delaying necessary acute care.

Building Your Case

  • Detailed Analysis: Reviewing facility records (staffing logs, medical files, complaint histories) and marketing claims.
  • Expert Consultation: Nurses, gerontologists, and other specialists can confirm how the care provided fell below acceptable standards.
  • Corporate Accountability: Many facilities are owned by larger chains; we examine corporate decisions (budgets, training policies) that prioritize profit at the expense of resident well-being.

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Recent Case
Results

Jury verdict against nursing home

$5.2M

Jury verdict against nursing home for failure to properly assess nursing home resident and follow doctor’s orders.

Unanimous jury verdict against hospital

$3M

Unanimous jury verdict against hospital for failure to prevent deep tissue pressure injury leading to a stage IV pressure sore. Judgment paid in full within 14 days.

Wrongful death case involving medication

$1.5M

Wrongful death case involving medication errors and negligent failures to follow-up on lab results.

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In-House Lawyer for Major Hospital and Healthcare System

"I can count on one hand the number of Central Arkansas attorneys I refer medical malpractice cases to, and Tom is one of them. Tom meticulously prepares to win at trial from Day One, leaving no stone unturned in his commitment to justice for his clients. His ability to understand and utilize complicated medical jargon while also crafting a compelling legal argument for a maximum payout is unparalleled in the field.

Tom's experience as a malpractice attorney means he easily hurdles the intrinsic legal barriers to filing and winning medical cases and anticipates obstacles that defense attorneys will raise. If you need a trial attorney who will fight tirelessly for you and bring an unmatched level of expertise to your case, Tom Buchanan is the lawyer to call."

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In-House Lawyer for Major Hospital and Healthcare System

Judith Allen

"Amazing attorney who earned 100% of my trust. Tom is dedicated, highly experienced, and extremely committed to the best result possible. I am grateful for his help, guidance and work ethic. Thank you Tom!"

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Paula Lanham

"Thomas G. Buchanan has my sincere respect for the most professional representation ever. He stuck by me through the years in dealing with this very stressful case. I admire his composure, work ethic, the fact that he never sugar coated things and most of all excellent courtroom representation. I feel I have won my life back because of him, despite the circumstances. Thank you Tom for helping me through this tough time and being my voice when I didn't have one."

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Paula Lanham
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