Brain Injury News

Virginia's Birth Injury Compensation Funds

Virginia’s Birth-Related Neurological Injury Compensation program began operating in 1987. It provides a no-fault resolution to medical injuries that occur to a limited range of infants: those who (1) suffer severe neurological damage due to oxygen deprivation or mechanical injury to brain or spinal cord during the birth process and (2) were delivered by a participating ob/gyn (or nurse-midwife) or in a participating hospital. Families of such children waive their right to sue in return for lifetime compensation for medical and other costs from a special fund; those who do not meet both these criteria can pursue a malpractice claim. Compensation comes from a fund that is capitalized by payments from participating physicians and hospitals, other physicians, and liability insurers (see OLR Report 2003-R-0620 for more details).

Virginia caps total malpractice awards. The cap is currently $ 1. 7 million and is adjusted periodically for inflation. The presence of this cap makes it difficult to infer conclusions about the potential effect of implementing a similar no-fault system in Connecticut based on the Virginia experience.

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?
	Signing a medical consent form does not let the doctor off the hook after performing malpractice. A consent form does not give the health provider a license to commit malpractice. While the execution of a typical consent form indicates acknowlegement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment.