Alcoy v. Valley Nursing Homes, Inc., 272 Va. 37

Summary

The Supreme Court of Virginia considered whether negligence and sexual assault and battery claims arising from a nursing home's alleged failure to provide adequate staffing, visitor screening, and security were subject to Virginia's Medical Malpractice Act. The court held that the alleged administrative, personnel, and security omissions did not constitute health care or professional services under the Act. It reversed the circuit court's judgment and remanded for further proceedings.

Holdings

1. Claims alleging that a nursing home failed to protect a resident from sexual assault through inadequate personnel, visitor screening, and facility security are not subject to Virginia's Medical Malpractice Act when the alleged omissions concern administrative, personnel, and security decisions rather than health care or professional services rendered or that should have been rendered to the individual patient.
2. Summary judgment based on the Medical Malpractice Act's expert-testimony requirements was improper because the administrator's claims were not governed by the Act.

Questions Presented

1. Whether negligence and sexual assault and battery claims based on a nursing home's alleged failure to ensure a resident's safety are subject to Virginia's Medical Malpractice Act.
2. Whether the circuit court properly granted summary judgment because the administrator's witnesses were not qualified to provide expert medical testimony under the Medical Malpractice Act.

Disposition

reversed_and_remanded