Physical Abuse

Each state has its own laws and regulations for nursing homes, which must also comply with federal regulations. Among other things, all nursing home residents in Tennessee have the right to be free from physical abuse. This may include hitting, kicking, slapping, pinching, improperly using restraints, conditioning meals on particular behavior, bruising, pushing, depriving someone of basic necessities, and taking other actions designed to produce physical harm and fear. Staff members are not allowed to physically punish or harm residents.

The Tennessee Adult Protection Act provides for legal consequences for anyone who physically abuses a resident or knows that abuse is occurring but does not report it. Any physical abuse of an impaired or disabled resident can lead to criminal charges. In some cases, offenders must pay restitution to victims and their families. While criminal charges require a high standard of proof, some residents and their families may wish to file a civil lawsuit for monetary damages.

The Tennessee Adult Protection Act creates a civil action for compensatory and punitive damages as appropriate when covered adults are victims of physical abuse or other forms of abuse or neglect. Adults covered by this law are those who are 18 years or older who because of their mental or physical conditions are unable to manage their own resources or carry out daily living activities and who have no available able person for assistance.

There are also common law theories that may be used, depending on the state in which the physical abuse occurs. For example, a staff member who hits or punches an employee may be liable for civil assault and battery. A nursing home that does not conduct background checks or conducts a background check and sees red flags in a staff member’s record, such as prior criminal activity or acts of violence, but nonetheless hires that staff member may be held directly liable for negligent hiring.