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<b><i>Ptaszsynski v. Atlantic Health Sys</i></b>.

By Katelyn E. Cutinello, Anthony Cocca and Robert E. Spitzer

The New Jersey Appellate Division's opinion in Ptaszynski v. Atlantic Health Sys. Inc., 440 N.J. Super. 24 (App. Div. 2015), will impact not only New Jersey nursing home litigation, but also that state's medical malpractice litigation in general.

In Ptaszynski, the plaintiff presented as a nursing home case what might otherwise be described as a garden-variety medical/nursing malpractice case. This styling of the case was an attempt to obtain a more favorable presentation to the jury by utilizing numerous provisions of New Jersey's Nursing Home Responsibilities and Rights of Residents Act (NHA), N.J.S.A. 30:13-1 to -17, as well as to obtain additional damages and the statute's fee-shifting provision, not otherwise available in a medical malpractice case. On appeal, the Appellate Division limited the manner in which a case alleging medical malpractice and NHA violations can be presented to a jury and held, inter alia, that duplication of damages for those claims is not permitted.

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