Can Nursing Homes Violate Privacy If Residents Have Dementia?

A nursing home employee picks up a video call from her incarcerated boyfriend while helping a resident with dementia take a shower. The resident is recorded naked, without consent. The video is shown to other inmates. When police alert the facility, the nursing home’s defense is simple: “She has dementia. What difference does it make?”

The Higgins Firm took that case all the way to the Tennessee Supreme Court. And we won.

Privacy Violation During Nursing Home Shower Care

Our client’s mother lived in a Tennessee nursing home and had dementia. During what should have been a private moment—taking a shower—a facility employee answered a video call from her boyfriend, who was incarcerated at the time.

The call recorded our client naked in the shower.

The violation only came to light because the boyfriend showed the video to other inmates. Police contacted the nursing home, which led the family to discover what had happened.

Multiple law firms turned down the case before it reached us. The defense argued that because the resident had dementia, the privacy violation didn’t matter. The trial court seemed uncertain.

We disagreed.

Do Dementia Patients Have Legal Rights in Nursing Homes

The nursing home’s position was clear: diminished mental capacity somehow diminishes legal rights. That argument is dangerous, discriminatory, and legally unsound.

Tennessee law protects all adults from abuse and neglect under the Tennessee Adult Protection Act (Tennessee Code § 71-6-101 et seq.). The statute explicitly defines abuse to include actions that violate dignity and well-being—regardless of cognitive status.

Federal regulations under the Nursing Home Reform Act also guarantee nursing home residents the right to:

• Personal privacy
• Confidential treatment of personal and medical records
• Be treated with dignity and respect
• Be free from abuse and neglect

Dementia doesn’t void these protections. Cognitive decline doesn’t strip someone of their humanity or legal rights.

Tennessee Supreme Court Ruling on Nursing Home Privacy Rights

The Supreme Court ruled decisively in favor of our client. The Court affirmed that nursing home residents—regardless of whether they have dementia—retain their fundamental rights to dignity and privacy.

This ruling sends a powerful message: vulnerability increases the duty of care, not diminishes it.

Common Privacy Violations in Tennessee Nursing Homes

This case isn’t isolated. Tennessee nursing homes face ongoing issues with staffing shortages, inadequate training, and systemic neglect. According to state data, citations for serious federal deficiencies causing immediate jeopardy to residents spiked 145% between 2020 and 2022.

Privacy violations like this one often stem from:

• Understaffing: Employees rushing through care routines without proper attention
• Poor training: Staff who don’t understand resident rights or legal boundaries
• Lack of oversight: Facilities that fail to monitor employee conduct
• Corporate negligence: Nursing home chains prioritizing profit over resident safety

Tennessee Code § 71-6-117 makes it a Class E felony to knowingly abuse, neglect, or exploit any adult within the meaning of the Adult Protection Act. Facilities that tolerate this conduct can be held liable.

Warning Signs of Nursing Home Privacy Violations

If your loved one is in a nursing home, stay vigilant for signs of privacy violations or other abuse:

• Unexplained anxiety or fear around certain staff members
• Refusal to participate in care activities like bathing
• Behavioral changes after interactions with specific employees
• Reports from other residents or their families
• Facility resistance to family involvement or observation

Privacy violations often accompany other forms of neglect or abuse. If something feels wrong, it probably is.

How to Report Nursing Home Abuse in Tennessee

Tennessee law provides multiple avenues for reporting and addressing nursing home violations:

Tennessee Adult Protective Services: Families can report suspected abuse, neglect, or exploitation by calling 1-888-277-8366. The Department of Human Services investigates complaints and can intervene to protect residents.

Facility Licensing: The Tennessee Department of Health licenses and inspects nursing homes. Serious violations can result in fines, sanctions, or facility closure.

Civil Legal Action: Families can file lawsuits against nursing homes for violations of resident rights, seeking compensation for harm and systemic changes to prevent future abuse.

Why Dementia Does Not Void Legal Rights in Tennessee

This Supreme Court decision establishes critical legal precedent: nursing homes cannot dismiss violations by claiming a resident “won’t remember” or “doesn’t understand” what happened.

Dementia patients deserve the same protections as everyone else. Their dignity matters. Their privacy matters. Their humanity matters.

Facilities that fail to meet these standards must be held accountable.

Steps to Take If Your Loved One Was Violated

If you suspect your loved one’s rights have been violated:

1. Document everything: Take photos, save communications, and write down what you’ve observed
2. Report to authorities: Contact Adult Protective Services and the Tennessee Department of Health
3. Consult an attorney: Nursing home abuse cases require specialized legal knowledge

The Higgins Firm’s dedicated nursing home abuse team has successfully represented Tennessee families in cases like this for over a decade. We understand the regulations, we know the tactics nursing homes use to avoid responsibility, and we don’t back down.

Your loved one’s dignity isn’t negotiable. If a Tennessee nursing home violated their rights, we’re here to fight back. Contact The Higgins Firm today for a free consultation. We don’t get paid unless we win your case.