THE HIGGINS FIRM WINS SUPREME COURT CASE PROTECTING NURSING HOME RESIDENT’S PRIVACY

When we think of dignity, we often picture how we want to be treated in our most vulnerable moments—especially when we’re at the mercy of others. That dignity doesn’t disappear when someone can no longer speak for themselves. And thanks to a recent Tennessee Supreme Court ruling secured by The Higgins Firm, that principle is now firmly embedded in our state’s law.

Our firm is proud to have taken this case all the way to the Tennessee Supreme Court on behalf of a nursing home resident who was unable to speak for herself—and to win a unanimous decision that will protect vulnerable individuals throughout Tennessee for years to come.

This blog explains what happened, why it matters, and what this ruling means for families with loved ones in long-term care. We’ve also included a video interview where we share more about the significance of the case.

THE CASE: A SHOCKING VIOLATION OF PRIVACY

Our client was the conservator of an elderly woman with advanced dementia who lived in a skilled nursing facility in Tennessee. One day, while helping the woman shower, a nursing home employee took a personal video call from her incarcerated boyfriend. During the call, the employee propped her phone up in the room, exposing the resident’s nude body to the caller.

Other staff members witnessed what happened and did nothing. The incident only came to light when jail staff monitoring the boyfriend’s video calls reported it to police.

The nursing home operator—Life Care Centers of America—admitted the video was taken, fired the employee, and claimed it was handled. But when our client filed suit, the facility tried to dismiss the case. Their argument? That no legal harm occurred because the resident didn’t know what had happened.

THE LEGAL ISSUE: IS PRIVACY STILL PROTECTED IF THE VICTIM DOESN’T UNDERSTAND?

The central question in the case was disturbing:

Can a nursing home escape accountability if the victim has dementia and doesn’t realize their privacy was violated?

The defense argued yes. They claimed that because the woman didn’t remember or comprehend what had happened, there was no emotional injury—so no lawsuit.

But our legal team strongly disagreed. We argued that the violation itself was the harm, and that privacy rights don’t disappear when someone becomes disabled or dies. Fortunately, the Tennessee Supreme Court agreed with us.

THE RULING: DIGNITY AND PRIVACY STILL MATTER—EVEN WITHOUT AWARENESS

In a unanimous opinion, the Tennessee Supreme Court ruled that the act of invading someone’s privacy is itself sufficient to support a legal claim—even if the person is unaware of it due to dementia or cognitive impairment.

Here’s what the ruling confirmed:

• Privacy rights exist regardless of mental capacity.
• The intrusion itself—not the emotional reaction—is the legal harm.
• Claims like these do not die with the victim. Families can still seek justice.

This is the first time the Tennessee Supreme Court has ruled that a legal claim for intrusion upon seclusion—a form of privacy violation—survives the victim’s death.

In the words of the Court:

“She nevertheless had the right not to involuntarily have her nude body put on display. And she retained that right irrespective of her character.”

WHY THIS CASE SETS AN IMPORTANT LEGAL PRECEDENT

This ruling changes how privacy rights are protected in Tennessee’s long-term care settings. Here’s why that matters:

1. Vulnerable Adults Still Have Rights

People with dementia or disabilities often can’t report what happened to them. This ruling ensures they still have legal protection—even if they can’t testify or recall the event.

2. Families Can Hold Facilities Accountable After Death

Many families only discover abuse or neglect after a loved one has passed. Now, thanks to this case, they can pursue claims for dignity and privacy violations—even posthumously.

3. Nursing Homes Must Take Privacy Seriously

This wasn’t an isolated employee mistake. Other staff members were present and failed to act. The Supreme Court’s ruling reinforces that facilities are legally responsible for protecting every resident’s privacy—and will be held accountable when they don’t.

WHAT THIS RULING MEANS FOR FAMILIES IN TENNESSEE

What is “intrusion upon seclusion”?

It’s a type of invasion of privacy that occurs when someone intentionally intrudes into another person’s private space in a way that would offend a reasonable person. In this case, it was the exposure of a resident’s nude body during a video call.

Was there any physical or emotional injury?

No, and the Court found that was irrelevant. The intrusion itself was the harm. This case affirms that a person doesn’t need to be aware of or distressed by the violation for their rights to be enforced.

Can families sue even after a loved one passes away?

Yes. This ruling makes it clear that these claims survive the death of the victim, allowing families to seek justice and accountability.

Does this apply to other nursing home cases?

Absolutely. This decision sets a legal precedent across Tennessee. If your loved one experienced a similar violation, your family may have a valid claim.

DIGNITY IS A RIGHT—NO MATTER YOUR AGE OR CONDITION

This case reinforces a simple but vital truth: No matter how old, sick, or silent someone may be, their right to dignity must still be honored.

At The Higgins Firm, we’ve built an entire practice around representing victims of nursing home abuse and neglect—especially those who can’t speak for themselves. This ruling strengthens our ability to protect them and sends a message that every person deserves to be treated with respect and humanity.

WATCH OUR INTERVIEW DISCUSSING THIS LANDMARK CASE

Want to hear more about why this case is so important and how it may impact future claims?

🎥 Watch our short interview below

FINAL THOUGHTS: A VICTORY FOR EVERY FAMILY

This wasn’t just a legal win—it was a victory for basic human dignity. The Tennessee Supreme Court affirmed that every person, regardless of age or mental capacity, deserves respect, privacy, and justice.

If you suspect your loved one’s rights have been violated in a nursing home or care facility, don’t wait. Contact The Higgins Firm. We’re ready to help you hold them accountable—just like we did in this case.