CASE REPORT: FAIRFAX VIRGINIA COURT RULES CONSUMER PROTECTION ACT APPLIES TO CLAIMS AGAINST NURSING HOMES
Just about every state in the country has a law designed to protect consumers where they have been harmed or injured as a result of the misrepresentation of products or services. Virginia has such a statute and it can be found at Virginia Code Annotated § 59.1-196. et seq.
In the past, the nursing home industry in Virginia has been fighting the application of this statute to claims of neglect and abuse with some success. Now, a judge from the Circuit Court of Fairfax County, The Honorable Jane M. Roush, has convincingly put this facetious argument to bed! Judge Roush in her May 31, 2007 decision in Humphrey v. Leewood Healthcare Ctr., (2007 Va. Cir. LEXIS 101) held the Virginia Consumer Protection Act does apply to certain types of claims against nursing homes. Not only is Judge Roush’s opinion well-reasoned, it is common sense!
Count Judge Roush’s decision as a “win” for the consumer!