You’d think that it’s obvious. Unbelievably, stemming from a case I had in 2007 where I represented a woman resident of the Nursing Home that was raped while in her room, the defense lawyers claimed that because the rape occurred in the Nursing Home, the matter should be considered medical malpractice. The defense lawyers, representing the Nursing Home, were concerned that if the matter was not decreed “medical malpractice”, then damages could be unlimited, as Virginia has a “cap” on damages in medical malpractice cases. If, as it was ultimately decreed, that the matter was not “medical malpractice”, then damages would not be capped and there would be no limit on the financial exposure of the Nursing Home. The Virginia Supreme Court ruled, as you’d expect, that rape is not medical malpractice. Yes, I settled the case.
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