The Appellate Division has recently provided a roadmap for proving a claim and obtaining an award of attorney fees pursuant to the New Jersey Nursing Home Responsibilities and Residents' Rights Act (the "NHA"), N.J.S.A. 30:13-1 to -17. In Moody v. The Voorhees Care and Rehab. Ctr., A-5561-18 (App. Div. 2021), the court addressed violations of nursing home rights claims and clarified and distinguished Ptaszynski v. Atlantic Health, 440 N.J. Super. 24 (App. Div. 2015). This case should be carefully reviewed by all lawyers who handle nursing home or medical malpractice cases.

The NHA was enacted  to define and protect the rights of the residents of New Jersey's nursing homes. The NHA created a nursing home resident's "bill of rights," which included a multitude of important rights. Several of these rights are found at N.J.S.A. 30:13-5 (j). Three of the rights in the NHA were at issue in  Moody: (1) "the right to a safe and decent living environment"; (2) the right to "considerate and respectful care that recognizes the dignity" of the resident; and (3) the right to "considerate and respectful care that recognizes the … individuality of the resident."