Can a Nursing Home Admin Qualify as a Nursing Home Expert?

In Virginia, a nursing assistant molested and raped an 85-year-old resident at a nursing home. The administrator of the resident’s estate brought suit the nursing assistant and the nursing home, and the jury returned a verdict against both defendants.  

On appeal, the nursing home argued, inter alia, that the trial court made erroneous evidentiary rulings on the admissibility of expert testimony.  

The trial court excluded testimony from a licensed nursing-home administrator who Nursing Home had offered “as an expert in standard of care for skilled nursing facilities in relation to employment issues and dealing with staff care issues and training, and those matters.” The trial court found that the expert didn’t have an “active clinical practice” as required by Virginia Code § 8.01-581.20(A) because supervising and administering a nursing home doesn’t constitute a clinical practice. 

Read more at ForensisGroup.