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Nursing homes were always subject to common law claims of negligence and malpractice involving anything from falls to allegations of failure to provide proper or adequate care. The Public Health Law was enacted to permit a monetary recovery, based on the rates charged by a nursing home, and possible punitive damages, for violations of rights or benefits protected by the statute. This article addresses the potential for confusion in having a trial where the jury considers alleged Public Health Law violations with claims of negligence or malpractice.

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