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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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