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Court Says NHRRRA Does Not Provide Personal Injury Cause of Action

Posted by Jamison Mark on Jul 25, 2014 2:00:00 PM
New Jersey Attorneys

Nursing home facility with elderly male in wheelchairA court has recently ruled that a law governing assisted living facilities and nursing homes in New Jersey does not give a cause of action to residents who suffer from personal injuries due to violations of that law. The New Jersey Nursing Home Responsibilities & Rights of Residents Act (NHRRRA) provides definitions and general guidelines for how nursing homes in New Jersey must conduct business and treat their residents.  In the case of Andreyko v. Sunrise Senior Living, Inc., No. 12-7240(KM), 2014 WL 282762 (D.N.J. Jan. 24, 2014), however, the court had to consider whether the NHRRRA gives the right to sue for any residents’ personal injuries caused by a nursing home.

In this case, Helena Andreyko filed a lawsuit on her mother’s behalf. Andreyko claimed that her mother had suffered personal injuries due to neglect and abuse at an Edgewater, New Jersey nursing home.  Andreyko based her claim on allegations that the nursing home had violated the NHRRRA and believed that she was entitled to recovery due to these violations. When this case went to court, however, a judge ruled against Andreyko, holding that the NHRRRA does not provide nursing home residents a cause of action for personal injury claims. As a result, Andreyko’s claim against the assisted living facility was dismissed.

Despite this ruling, a senior citizen who has suffered a personal injury in a nursing home may be able to exert other legal rights.  For instance, general personal injury laws may apply to an accident in which a nursing home resident is injured if the accident was due to the negligence of the caregiver.  In order to best understand these alternatives, however, it is important to discuss the matter with a Newark personal injury lawyer who can properly handle the case.

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Source: http://seniorhousingnews.com/2014/02/05/court-rules-in-favor-of-sunrise-says-nj-resident-cant-sue/

Topics: Personal Injury