Homework
Length: 3 to 5 pages.
Instructions
In 2006, a Virginia high court held that a brutal assault on a disabled patient is governed by tort law and not by the state's Medical Malpractice Act. In this homework, you will analyze this case and identify the scope of medical malpractice and tort law.
The Case
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:
1) Why did the state change the case from medical malpractice to tort law?
2) Do you agree with the state's decision? Why or why not?
Format your homework according to the following formatting requirements:
(1) The answer should be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
(2) The response also includes a cover page containing the title of the homework, the student's name, the course title, and the date. The cover page is not included in the required page length.
(3) Also include a reference page. The Citations and references should follow APA format. The reference page is not included in the required page length.