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2002 SESSION

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HB 714 Birth-Related Neurological Injury Compensation Act.

Introduced by: Ward L. Armstrong | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Virginia Birth-Related Neurological Injury Compensation Act. Transfers jurisdiction to determine eligibility and make awards regarding birth-related neurological injuries from the Workers' Compensation Commission to circuit courts. The board of directors of the Birth-Related Neurological Injury Compensation Program is eliminated, and management of the Birth-Related Neurological Injury Compensation Fund is transferred to the Virginia Retirement System. Participation in the Program by physicians and hospitals is mandatory, and failure to pay assessments will waive liability limits currently applicable to medical malpractice claims. The measure also provides that the Act does not deprive a parent of the right to bring a wrongful death action if a child who would be eligible for benefits under the Program dies shortly after birth.


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