Virginia: Nursing Homes – a Lawyer’s Arbitration (September 27, 2017)

On September 18, 2017, Norfolk Circuit Court struck down a nursing home arbitration agreement in the medical malpractice case of Irwin v. Kindred Nursing Centers East, L.L.C. d/b/a Kindred Transitional Care and Rehabilitation – Nansemond Point, et al., No. CL16-13008. After evidentiary hearing, it found that the nursing home resident lacked “the requisite cognitive ability to form a contract at the time that he signed the Alternative Dispute Resolution Agreement” on admission. Id. at 1.