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ALCOY v. VALLEY NURSING HOMES, INC.

Record No. 051701.

630 S.E.2d 301 (2006)

272 Va. 37

Bennie G. ALCOY, Jr., Administrator of the Estate of Delfina G. Alcoy, Deceased v. VALLEY NURSING HOMES, INC.

Supreme Court of Virginia.

June 8, 2006.

Attorney(s) appearing for the Case

L. Steven Emmert (Paul A. Samakow; Sykes, Bourdon, Ahern & Levy, Virginia Beach, on briefs), for appellant.

Juliane C. Miller (Douglas M. Coleman; Carter & Coleman, Alexandria on brief), for appellee.

Amici Curiae: The Virginia Health Care Association (Gerald C. Canaan, II, Glen Allen; Hillary T. Taylor, Fairfax, on brief), in support of appellee.

Present: All the Justices.

OPINION BY Justice BARBARA MILANO KEENAN.

In this appeal, we consider whether causes of action for negligence and sexual assault and battery, based on the failure of nursing home personnel to ensure the safety of one of their residents, are subject to the provisions of the Medical Malpractice Act, Code §§ 8.01-581.1 through -581.20:1 (the Act).

In 2002, Delfina G. Alcoy was 79 years old when she suffered a stroke that rendered her physically helpless...

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