Who Is Responsible for Nursing Home Abuse? All You Need to Know

When you discover that your loved one has been abused or neglected in a nursing home, one of the first questions that comes to mind is simple: Who did this?

But the answer isn’t always straightforward.

Nursing home abuse rarely happens in isolation. It’s usually the result of multiple failures by individual staff members, supervisors, administrators, and sometimes even corporate owners who prioritize profits over people.

At The Higgins Firm, we’ve investigated hundreds of nursing home abuse cases across Tennessee. We know how to identify everyone who played a role in your loved one’s suffering. And we know how to hold them accountable.

Here’s who can be held responsible when nursing home abuse occurs—and why it matters for your family’s fight for justice.

Who Can Be Held Liable for Nursing Home Abuse?

When abuse happens in a nursing home, multiple parties can be held responsible under Tennessee law:

• Individual staff members who committed the abuse
• The nursing home facility itself
• Corporate owners and parent companies
• Supervisors and administrators who failed to prevent it
• Medical directors and consulting physicians
• Third-party contractors and staffing agencies
• Government agencies (in rare cases of oversight failure)

Let’s break down how each of these parties can be held accountable.

The Individual Staff Member Who Committed the Abuse

Let’s start with the most obvious party: the person who actually hurt your loved one.

Whether it’s a nurse, aide, or other staff member, the individual who commits abuse is personally responsible for their actions. They can face:

• Criminal charges under Tennessee law
• Personal civil liability for damages
• Loss of professional licenses
• Permanent ban from working in healthcare

Here’s what’s important to understand: Staff members can’t hide behind their employer when they abuse residents. Even if they were following orders, acting under stress, or dealing with understaffing, they’re still personally liable for choosing to harm someone in their care.

The Nursing Home Facility Itself

The facility where your loved one was abused is almost always responsible for what happened. Under Tennessee law, nursing homes have a legal duty to:

• Hire qualified, properly trained staff
• Provide adequate supervision
• Maintain safe conditions
• Follow all state and federal regulations
• Protect residents from harm

When they fail in these duties, they’re legally liable for the consequences.

• Direct negligence – When the facility itself fails to provide adequate care, staffing, or safety measures.
• Vicarious liability – When employees commit abuse while acting within the scope of their employment.
• Negligent hiring – When facilities hire staff without proper background checks or ignore red flags about violent history.
• Negligent supervision – When facilities fail to properly monitor staff or respond to complaints about abuse.

The Corporate Owner

Many nursing homes are owned by large corporations that operate multiple facilities. When abuse occurs, these corporate owners can also be held responsible.

Corporate liability often involves:

• Understaffing to maximize profits
• Inadequate training programs
• Ignoring safety violations across multiple facilities
• Prioritizing profits over resident care
• Failing to implement proper oversight

We’ve seen cases where corporate owners knew about problems at specific facilities but did nothing to fix them. When that happens, they share responsibility for the abuse that follows.

Supervisors and Administrators

The people in charge of running the facility day-to-day have a special responsibility to prevent abuse.

This includes:

• Directors of nursing who oversee clinical care
• Facility administrators who manage operations
• Charge nurses who supervise staff on each shift
• Department heads responsible for specific areas of care

When supervisors fail to:

• Investigate complaints about staff behavior
• Provide adequate training and oversight
• Report suspected abuse to authorities
• Maintain proper staffing levels
• Implement safety protocols

They can be held personally liable for the abuse that results from their failures.

Medical Directors and Consulting Physicians

Doctors who work with nursing homes also have responsibilities to residents.

When physicians fail to:

• Properly assess and treat residents
• Respond to signs of abuse or neglect
• Provide adequate medical oversight
• Report suspected abuse to authorities

They can face both professional discipline and legal liability.

Third-Party Contractors

Sometimes nursing homes hire outside companies to provide services like:

• Staffing agencies that provide temporary workers
• Medical equipment companies
• Food service providers
• Transportation services

If these contractors’ employees commit abuse, or if their failures contribute to unsafe conditions, they can also be held responsible.

Government Agencies (In Rare Cases)

In some situations, government agencies can be held liable for nursing home abuse. This typically happens when:

• State inspectors ignore obvious safety violations
• Licensing agencies fail to investigate complaints
• Adult Protective Services doesn’t respond to reports of abuse

These cases are more complex because of sovereign immunity laws, but they’re not impossible.

Common Defenses and How We Fight Them

When we pursue nursing home abuse cases, defendants often try to shift blame:

“It was just one bad employee” – We show how the facility’s failures enabled the abuse.

“The resident was difficult” – We prove that nothing justifies abuse, regardless of the resident’s behavior.

“We followed all protocols” – We examine whether the protocols were adequate and properly implemented.

“The injury was unavoidable” – We demonstrate how proper care could have prevented the harm.

What to Do If You Suspect Abuse

If you believe your loved one has been abused or neglected:

1. Document everything – Take photos, keep records, and collect evidence.
2. Report immediately – Contact Adult Protective Services.
3. Get medical attention – Ensure your loved one receives proper care.
4. Contact an attorney – We’ll help identify all responsible parties and build a strong case.

FAQs

What if the nursing home says it wasn’t their fault because they fired the abusive employee?

Firing an employee after abuse occurs doesn’t eliminate the facility’s liability. They’re still responsible for negligent hiring, inadequate supervision, and failing to prevent the abuse in the first place. The facility had a duty to protect your loved one, and firing someone after they failed doesn’t undo the harm.

Can I still pursue a case if my loved one has dementia and can’t testify about what happened?

Absolutely. Many nursing home abuse cases involve residents with dementia or other cognitive impairments. We can build strong cases using medical records, witness testimony, physical evidence, and expert opinions. Your loved one’s inability to testify doesn’t prevent you from seeking justice.

What if the abuse happened during a staff shortage or emergency situation?

Staff shortages and emergencies don’t excuse abuse. In fact, they often make the facility more liable because they show a failure to maintain adequate staffing levels. Nursing homes have a legal duty to ensure sufficient staff to provide safe care at all times.

Can family members be held responsible if they knew about problems but didn’t report them?

Generally, no. Family members aren’t legally required to report suspected abuse, though it’s certainly encouraged. The legal responsibility lies with the facility, its staff, and certain professionals who are mandatory reporters under Tennessee law.

What happens if the facility declares bankruptcy to avoid paying damages?

Bankruptcy doesn’t automatically eliminate liability for nursing home abuse. We can often pursue claims against insurance companies, corporate owners, and individual defendants who remain liable. Our attorneys know how to navigate bankruptcy proceedings to protect your family’s interests.

Can I sue if the abuse was committed by another resident rather than staff?

Yes, you can still hold the facility liable for resident-on-resident abuse. Nursing homes have a duty to protect residents from all forms of harm, including violence from other residents. They must assess risks, provide adequate supervision, and implement safety measures to prevent such incidents.

Fighting Back: How We Hold Everyone Accountable

When we take a nursing home abuse case, we don’t just go after the easy targets. We investigate every possible avenue of liability to ensure your family gets the justice and compensation you deserve.

We’ll examine:

• Individual staff actions and criminal history
• Facility policies and whether they were followed
• Corporate oversight and profit-driven decisions
• Supervisory failures that enabled abuse
• Regulatory violations that show systemic problems

We’ve recovered millions for families by holding all responsible parties accountable—not just the obvious ones.

Your Family Deserves Justice

When nursing home abuse occurs, it’s rarely the fault of just one person. It’s usually the result of multiple failures at different levels of the organization.

Our Tennessee nursing home abuse attorneys know how to identify everyone who played a role in your loved one’s suffering. We’ll investigate thoroughly, build a strong case, and fight to hold all responsible parties accountable.

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

Call The Higgins Firm today.

Because when multiple people fail your loved one, multiple people should pay the price.