Created in 1987, the Virginia Birth-Related Neurological Injury Act compensates families when their child is injured during birth. According to Virginia's Joint Legislative Audit and Review Commission*:
The Virginia Birth-Related Neurological Injury Compensation Act was passed by the General Assembly in 1987 in response to malpractice insurance availability problems for providers of obstetric services. The program pays for the medical and certain other expenses of children who have severe neurological injuries resulting from the birthing process. It is, therefore, intended as an alternative to the traditional tort system for obtaining compensation for injuries.
The goal of the birth injury act was to alleviate the medical malpractice insurance availability crisis for obstetricians. At its simplest description, the birth injury program was intended to remove malpractice lawsuits from the court system and provide for an alternative way of compensating the plaintiff for his or her medical-related injury. Infants severely injured at birth were singled out for this approach because lawsuits associated with these cases have a relatively high rate of success and the successful cases tend to result in large monetary awards.
If your child has been injured, there is a statutory scheme where the child may be covered for the rest of his or her life. If the OB is participating in the program, they are obligated to disclose that they are. When one pursues a claim under the act, there is a hearing and determination to grant benefits. That said, the process can be complicated and even overwhelming. As such, it is critical to partner with a skilled legal team.
Northern Virginia Birth Injury Lawyer
Since the act was first passed, the team at Gammon & Grange, P.C., has helped families recover compensation that allows them to heal and elevate quality of life as much as possible in the wake of such injuries. If your child has been injured, the firm is ready to bring its expertise to help you recover the benefits to which you are entitled, working solely on contingency; the firm takes no attorneys' fees unless you obtain the compensation you deserve.
For a free confidential consultation, and information on how the medical malpractice lawyers of Gammon & Grange, P.C., can put over 30 years of trial experience to work for you, including medical malpractice experience, call toll free at 703-761-5000, email us, or fill out the intake form on the Contact page. Discover how the firm earned its reputation for legal excellence and track record of success.