Tennessee Legislature Considering Nursing Home Immunity Bill
The Tennessee Legislature is considering a bill that would cap any nursing home neglect or abuse jury award to $300,000.00. Apparently, the legislature does not believe that we as citizens are smart enough to sit on a jury and award a sum that is in proportion to any neglect suffered by a nursing home resident. Even more important is the fact that most nursing home are for profit corporations. The only way to deter a for profit corporation is to be able to hit them where it hurts, in the pocket book. If a nursing home has no real financial responsibility for its actions it will have little incentive to behave responsibly.
I believe we would all agree that we should be responsible for our actions. My children realize that if they misbehave there will be consequences. It may be loss of a toy or to be put in time out but they realize that they are responsible for their own behavior. I do not understand why a nursing home, a place that cares for our most frail and vulnerable citizens, should be place in a privileged class to have a very limited responsibility for their actions. Also, I recognize that $300,000 is a lot of money, however, do you think it is a lot of money do a company that makes hundreds of millions. Do you think that this sum would be a deterrence if a corporation knows it can profit more by taking shortcuts and cutting staff than they would ever have to pay in a lawsuit? Also, do you think the families of residents who were abused and neglected in a home should have a specific dollar amount set by the legislature for their loss or should a jury have the ability to determine what is just? These are all important concerns that will be drastically effected by this legislation.
I will state that however you fell this is an important issue. As such, whether you are for or against this limitation please call your representative and let your voice be heard. You can locate your rep at TN gov. If you would like to discuss the issue or concerns you have with my office feel free to contact me at hhpfirm.com.
Author Bio
Jim Higgins, founder of the Higgins Firm, is a seasoned personal injury attorney with deep roots in Nashville, Tennessee. A 4th generation Nashvillian, Jim carries on the legal legacy of his father, a judge for over 30 years. After graduating from the University of Memphis School of Law, Jim’s career began on the other side of the courtroom, defending insurance companies and learning their tactics for minimizing settlements. However, he soon realized his true calling was fighting for the rights of the injured, and for the past several years, he has exclusively represented plaintiffs in personal injury cases.
Since then, his dedication and skill have earned him membership in the prestigious Million Dollar Advocates Forum, an organization limited to attorneys who have secured million and multi-million dollar verdicts and settlements for their clients. Licensed to practice in Tennessee, Kentucky, and Georgia, Jim focuses on personal injury, product liability, medical malpractice, and workers’ compensation cases. His exceptional work has been recognized by his peers, earning him a spot on the Super Lawyers list from 2021 to 2024, a distinction awarded to only a select group of accomplished attorneys in each state.
