Are Nursing Home Residents Entitled to Punitive Damages?
There are two types of damages a plaintiff can recover: compensatory and punitive. A plaintiff will be entitled to punitive damages if he or she is given the opportunity to establish by clear and convincing evidence that the defendant’s acts or omissions caused harm and were actuated by actual malice or accompanied by a wanton and willful disregard of persons who foreseeably might be harmed by those acts or omissions. N.J.S.A. § 2A:15-5.9. Punitive damages are specifically contemplated by the plain language of the NHRRA, and are available to nursing home residents seeking recovery when the above elements can be met. N.J.S.A. 30:13 – 8.
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All nursing home patients are entitled to dignity, care and respect. Our experienced team understands the importance of keeping your loved ones safe.
We will listen to your concerns and help you figure out what course of action is best for you and your family. We may be able to help you obtain compensation for the mistreatment your loved one has suffered.
Contact the attorneys of O’Connor, Parsons, Lane & Noble today to discuss nursing home malpractice, elder abuse and potential negotiations. Contact us online or call at (908) 928-9200 or 1-800-586-5817.