Melito & Adolfsen P.C.
U.S. and International Litigation Firm New York City And The World

June 2015 Archives

NJ Court says no double recovery for alleged injuries in Nursing Home.

On post trial motions, based on recent decisions of the NJ Appellate Division, a private plaintiff cannot assert a cause of action against a nursing home for failure to comply with statutes, rules and regulations, but only for a violation of the patients' bill of rights. Most important, juries should be instructed that they cannot award a plaintiff damages for a nursing facility's violations under the statute and in common law negligence based upon the same injuries or harm to plaintiff. Unless a plaintiff is able to advance separate theories of liability for each cause of action, NJ courts will not permit a plaintiff to obtain a double recovery for the same injuries and harm. This rationale should be applicable to New York nursing home cases as well.