What Are the Legal Consequences of Nursing Home Abuse in TN? Full Guide

You made one of the hardest decisions of your life when you placed your loved one in a nursing home.

Maybe they needed more care than you could provide at home. Maybe their health was declining, and you knew they needed professional help around the clock.

Whatever the reason, you trusted that facility to keep them safe.

The truth is, nursing home abuse doesn’t just break your heart—it breaks the law. And when facilities cross that line, they face legal consequences of nursing home abuse that can destroy them completely.

At The Higgins Firm, we’ve walked alongside families who’ve discovered their worst fears were real. We’ve seen the tears, the anger, and the desperate need for justice. And we know exactly what these facilities stand to lose when they harm the people we love most.

5 Legal Consequences Nursing Homes Face For Abuse

1. Criminal Charges and Prison Time

When nursing home staff abuse your loved one, they’re not just being cruel—they’re committing a Class E felony under Tennessee Code § 71-6-117.

That means:

• Up to 6 years behind bars
• Permanent criminal record
• Loss of professional licenses
• Never working in healthcare again

And when abuse leads to death? The charges get much worse. We’re talking about 15 years or more in prison.

Here’s what they don’t want you to know: They can’t hide behind their employer when they hurt your loved one. Each staff member faces personal criminal liability for what they did to someone you love.

2. Civil Lawsuits and Monetary Damages

When families fight back with lawsuits, the financial consequences can be catastrophic for nursing homes.

We’ve seen settlements and verdicts that include:

• Medical bills for treating injuries they caused
• Pain and suffering compensation for what your loved one endured
• Wrongful death damages if you lost someone precious
• Punitive damages in the millions when their conduct was especially cruel

But here’s the heartbreaking reality: Tennessee only gives you one year from discovering the abuse to file a lawsuit under Tennessee Code § 28-3-104.

Miss that deadline, and they get away with it forever.

3. License Revocation by the State

Under Tennessee administrative law, the Department of Health can shut down facilities permanently when they abuse residents.

The legal sanctions are severe:

• Immediate shutdown when residents are in danger
• No new admissions until they prove they’ve changed
• State takeover of the facility
• Permanent closure for repeat offenders

When a facility loses its license through legal proceedings, it’s over. They can’t just reopen under a different name. The damage is permanent.

4. Federal Legal Sanctions

Under federal Medicare and Medicaid law, facilities can face severe legal penalties for abuse.

Federal sanctions include:

• Complete termination from Medicare/Medicaid programs
• No payment for new residents
• Civil monetary penalties up to $21,393 per day per violation
• Court-ordered federal management

These aren’t just administrative slaps on the wrist—they’re legal consequences that can force facilities into bankruptcy.

5. Court-Ordered Remedies and Injunctions

When nursing homes abuse residents, courts can issue powerful legal orders to stop the abuse and protect future residents.

These court orders can include:

• Immediate injunctions to stop harmful practices
• Mandatory hiring of additional staff
• Court-appointed monitors to oversee operations
• Required implementation of safety protocols
• Ongoing court supervision until compliance is achieved

Violating these court orders can result in contempt of court charges and additional legal consequences.

Why These Consequences Matter to Your Family

Every successful prosecution, every large verdict, every facility that gets shut down sends a message throughout the industry.

It forces nursing homes to:

• Hire better staff and train them properly
• Maintain adequate staffing levels
• Take resident safety seriously
• Think twice before cutting corners

When facilities know they’ll face serious consequences for abuse, they’re motivated to prevent it in the first place.

What to Do If You Suspect Abuse

If you suspect your loved one has been abused or neglected in a Tennessee nursing home, here’s what you need to do:

1. Document everything. Take photos, keep detailed records, and collect medical records.
2. Report immediately. Contact Adult Protective Services and the Tennessee Department of Health.
3. Get medical attention. Ensure your loved one receives immediate care for any injuries.
4. Contact an attorney. Speak with an experienced nursing home abuse lawyer who knows how to hold facilities accountable.

The sooner you act, the better your chances of gathering evidence and building a strong case.

FAQs

How long do I have to file a nursing home abuse lawsuit in Tennessee?

Tennessee’s statute of limitations for nursing home abuse cases is generally one year from when you discovered or should have discovered the abuse. This deadline is strict, so don’t delay. The sooner you contact an attorney, the better your chances of building a strong case.

What damages can I recover in a nursing home abuse case?

You may be able to recover compensation for medical expenses, pain and suffering, emotional distress, wrongful death damages, if applicable, and punitive damages in cases of particularly egregious conduct. The specific amount depends on the circumstances of your case and the extent of harm suffered.

Can individual nursing home staff members be held personally liable?

Absolutely. Staff members who commit abuse face both criminal charges and personal civil liability. They can’t hide behind their employer’s insurance when they engage in intentional misconduct or gross negligence. They can face prison time, fines, and personal financial responsibility for damages.

How can I find out if a nursing home has a history of abuse?

Check the facility’s history through Medicare.gov’s Nursing Home Compare tool, Tennessee Department of Health inspection reports, and court records. Look for patterns of citations, complaints, or legal actions related to abuse or neglect. Red flags include repeat violations and “immediate jeopardy” citations.

How We Hold Nursing Homes Accountable

When we discover that your loved one has been abused or neglected, we don’t just file paperwork and hope for the best. We go to war.

Our Tennessee nursing home abuse attorneys have spent years learning how to expose negligent facilities and force them to face the legal consequences they deserve.

Here’s how we build cases that win:

• Immediate investigation – We don’t wait. We get to the facility, interview the staff, and start gathering evidence before they can cover their tracks.
• Complete medical review – We dig into every medical record, chart, and note to build a timeline of what really happened.
• Expert witnesses – We work with medical professionals and industry experts who can explain to a jury exactly how the facility failed your loved one.
• Pattern evidence – We look for other complaints, violations, and incidents that show this wasn’t just a one-time mistake.
• Aggressive litigation – We file the lawsuit and fight as hard as necessary to get you the compensation you deserve.

We’ve been doing this long enough to know what works. And we know that facilities only change when they’re forced to pay for their mistakes.

Your Family Deserves Justice

If you believe your loved one has been abused or neglected in a Tennessee nursing home, you don’t have to suffer in silence. You don’t have to let them get away with it.

Our nursing home abuse attorneys are ready to investigate what happened, answer your questions, and help you decide what comes next. We’ll handle the legal battle so you can focus on caring for your family.

The consultation is free. We only get paid if we win your case.

Call The Higgins Firm today.

Because no one should suffer in silence—and no facility should get away with it.