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1997 SESSION

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HB 2014 Birth-Related Neurological Injury Compensation Program.

Introduced by: C. Richard Cranwell | all patrons    ...    notes | add to my profiles

SUMMARY:

Birth-Related Neurological Injury Compensation Act; certain civil actions permitted. Authorizes civil actions against participating physicians and hospitals otherwise covered by the provisions of Birth-Related Neurological Injury Compensation Act. The bill permits these actions to be brought on behalf of an infant with birth-related injuries if the action is brought within five years after the determination of a claim under the Act filed on its behalf. Under the Act's current provisions, such civil actions are not permitted unless there is clear and convincing evidence that a physician or hospital intentionally or willfully caused or intended to cause a birth-related neurological injury. Moreover, such actions must be commenced prior to and in lieu of payment of an award from the Birth-Related Neurological Injury Compensation Fund--a fund created by assessments against physicians and hospitals.

The Act furnishes an exclusive administrative remedy to infants with catastrophic birth-related injuries through a compensation system administered by the Virginia Workers' Compensation Commission. Medical care, imputed wages, and additional living assistance are furnished via this system to such infants in lieu of civil tort remedies. This bill would permit an infant to file a claim for benefits under this Act within its 10-year limitations period (measured from birth), and subsequently commence a civil action against a physician or a hospital within the special five-year limitations period described above. The Fund would, however, be entitled to recover any benefits paid to the infant from the infant's civil recovery from a physician or hospital.


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