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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