Brain Injury News

Virginia Birth Related Neurological Injury Compensation Fund Remains On Financial Watch

2003, may encourage more potential claimants to apply to the program. The actual impact is uncertain and will only be measurable after several years.

 The Virginia Birth-Related Neurological Injury Compensation Program was created 16 years ago by the General Assembly. The program cares for children who incur a lifetime brain or spinal cord injury resulting from an accident that occurs during birth. It was formed as an alternative means of compensation rather than malpractice lawsuits against doctors or hospitals and their liability insurance carriers. Claims against the fund are reviewed and awarded by the Virginia Workers’ Compensation Commission.

All licensed physicians, participating hospitals, and liability insurance carriers in Virginia must contribute annually to the state’s Birth-Related Neurological Injury Compensation Fund. Obstetricians who participate in the Program now pay an annual fee of $5,000. The assessment on participating hospitals is $50 per live birth up to a maximum of $150,000 annually. Licensed physicians other than those who participate in the program are assessed an annual fee of $250. Liability insurance carriers are assessed one quarter of one percent of their net direct liability insurance premiums written in Virginia.

The Commission will continue to conduct annual reviews of the actuarial soundness of the fund until the program’s financial position stabilizes. The report is provided to the General Assembly leadership, the board of directors of the program, and the Virginia Workers’ Compensation Commission.
 

If you or anyone you know has experienced the results of brain injury or any other kind of medical malpractice , please contact our Virginia lawyer. We are here to help you.

	Did You Know?
	There is a difference between a birth defect and a birth injury. Generally, birth injuries are caused by something that went wrong during the birthing process. Birth defects, on the other hand, usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy.