Alcoy was 79 years old when she suffered a stroke that left her physically helpless and mentally damaged. She was moved to a nursing home. Four days later, she was brutally assaulted sexually; the assailant was never identified. Alcoy died several months later. Her estate administrator sued the nursing home for negligence and assault. The nursing home responded that the case was governed by the state’s Medical Malpractice Act, and that Act controlled the extent of the nursing home’s liability. The district court held in favor of the nursing home; the administrator appealed. Virginia high court held that the case is governed by tort law and not by the state’s Medical Malpractice Act (Alcoy v. Valley Nursing Homes, 2006).Reference: Alcoy v. Valley Nursing Homes, Inc., 272 S. E.2d 301 (Sup. Ct., Va. 2006). Analyze the scenario and respond to the following questions:
- Why did the state change the case from medical malpractice to tort law?
- Do you agree with the state’s decision? Why or why not?
