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<b><i>Ptaszsynski v. Atlantic Health Sys</i></b>.
Editor's note: Last month, the authors began discussion of the recent New Jersey Appellate Division opinion in Ptaszynski v. Atlantic Health Sys. Inc., 440 N.J. Super. 24 (App. Div. 2015), an otherwise typical nursing home case made different when the plaintiffs tried 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 to expand their claims and available damages. They now continue their discussion of the case and its impact on medical malpractice litigation in New Jersey.
Additional Problems with the Ptaszynski Case
The Appellate Division found that the Ptaszynski jury was not instructed in a way that ensured that the plaintiff was not awarded duplicative damages on the NHA and negligence claims. At trial, the plaintiff had presented only one harm that resulted from the defendant's alleged malpractice and NHA violations ' the development of pressure ulcers causing the plaintiff's death. However, the trial court had failed to instruct the jury that it could not award the plaintiff separate damages for the defendant's violations of the NHA and for negligence based on the same injuries or harm to Mrs. Ptaszynski.
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