Nursing home litigation in New Jersey is a relatively novel area of the law. The New Jersey Nursing Home Resident’s Rights Statute (N.J.S.A. 30:13-1, et seq.) was enacted in 1976, however there are only a handful of cases interpreting this Statute. This Statue allows the recovery of punitive damages and also allows a prevailing plaintiff in a Nursing Home negligence action to recover reasonable attorney’s fees and costs of suit. We are seeing most, if not all plaintiff’s attorneys including allegations of violations of this Statute in their Complaints because of the potential recovery of punitive damages and reasonable attorney’s fees and costs. We expect that in the coming months and years more Nursing Home negligence cases will go to trial and will provide a better understanding of the impact of The New Jersey Nursing Home Resident’s Rights Statute (N.J.S.A. 30:13-1, et seq.).
