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19 Nova L. Rev. 629 (1994-1995)
Protecting the Rights of Nursing Home Residents: How Tort Liability Interacts with Statutory Protections

handle is hein.journals/novalr19 and id is 643 raw text is: Protecting the Rights of Nursing Home Residents: How Tort Liability Interacts with Statutory Protections Jeffrey Spitzer-Resnick Maya Krajcinovic- TABLE OF CONTENTS I. INTRODUCTION ............................ 630 II. NURSING HOME RESIDENTS' RIGHTS ................ 630 I. PRIVATE RIGHTS OF ACTION ................... 632 A. Federal Statutes and Regulations ............. 632 B. Explicit State Statutory Private Rights of Action .... 633 1. W isconsin ........................ 633 2. New York ........................ 633 3. Illinois .......................... 634 4. M issouri ......................... 634 IV. COMMON LAW REMEDIES-AVAILABILITY AND BARRIERS . 636 V. ESTABLISHING A STANDARD OF CARE-NEGLIGENCE PER SE ................................. 637 VI. PROCEDURAL IMPEDIMENTS TO PROSECUTION OF RESIDENTS' RIGHT'S CASES .................... 639 A. Government Immunity .................... 639 B. Expert Testimony ....................... 640 C. Statutes of Limitation .................... 642 D. Standing to Bring Suit and Recover Damages ..... 643 VII. MAKING THE CASE FOR SIGNIFICANT DAMAGES ....... 645 VIII. CONCLUSION ............................. 645 * Mr. Spitzer-Resnick has his own firm in Madison, Wisconsin where his private practice focuses on civil rights and health care law, including the representation of victims of nursing home abuse. BA., with distinction, University of Michigan, 1976; J.D., cum laude, Boston College Law School, 1985. Mr. Spitzer-Resnickwas the former chief legal counsel for Wisconsin's Board on Aging and Long-Term Care which houses the long-term care ombudsman program. ** Ms. Krajcinovic is a second year law student at the University of Wisconsin Madison Law School. She was invaluable in assisting with the research and preparation of this article.

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