On May 27, a Hudson County Judge overturned a jury’s May 2014 decision to award $13.2 million in damages to a family suing a Jersey City nursing home after the death of a family member. The case arose in 2010 when Mary Dwyer, an 87-year-old resident of the HarborView Healthcare Center, passed away after her release from the center. Her family claimed that Dwyer lost significant weight while at the center, was not turned often enough in her bed, and was subjected to multiple unnecessary procedures.
NJ Statute Protects Against Nursing Home Neglect
Under N.J.A.C. 8:39-4.1(a)(5), nursing home resident are entitled to live in a facility that does not neglect or abuse them. Families dissatisfied with the care received in a nursing home facility can request an investigation, and seek damages to compensate for any harm or loss suffered. New Jersey law sometimes limits the amount of recovery available, but implementation of proper strategies such as naming multiple defendants or making multiple types of claimscan help maximize the amount of damages available. Here, Dwyer’s family sought damages for negligence, as well as under the Nursing Home Act and for wrongful death, and also requested punitive damages, which are generally reserved for egregious or intentional wrongdoing.
Experienced Nursing Home Neglect Lawyers
In cases of nursing home neglect, while New Jersey law attempts to provide safeguards to avoid tragedies like this one, the road to recovering appropriate and fair damages can be long and complicated. Dwyer’s family now plans to appeal this decision, looking for a more just outcome. The setback experienced by Dwyer’s family, with damages having been vacated a full year after the jury awarded them, exemplifies how important it is in nursing home neglect matters to work with an experienced attorney who will tenaciously fight for your interests, guiding you along the potentially long and complex road to recovery of appropriate damages.