01 Sep Virginia: Nursing Home – a Lawyer’s Arbitration
On August 2, 2019, Fairfax County Circuit Court held that the Sleepy Hollow nursing facility’s mandatory arbitration provision was unenforceable because it was not executed by the resident patient or his lawful power of attorney at the time. Therefore, the owner Defendant Beverly Enterprises – Virginia, Inc.’s Plea in Bar and Motion to Stay Proceedings were denied, and Plaintiff was entitled to proceed with his medical malpractice suit for wrongful death. The case is Irle v. Inova Health Sys. Found., Inc., et al., No. CL-2018-11276.