{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5004.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5004.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5004.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5004.html"}],"law_id":57908,"edition_id":1,"section_id":57908,"structure_id":13218,"section_number":"38.2-5004","catch_line":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records","history":"1987, c. 540; 1989, c. 523; 2003, c. 897; 2005, cc. 50, 52; 2013, c. 144.","full_text":"A\n\n1. In all claims filed under this chapter, the claimant shall file with the Commission a petition, setting forth the following information:\n\t\t\ta. The name and address of the legal representative and the basis for his representation of the injured infant;\n\t\t\tb. The name and address of the injured infant;\n\t\t\tc. The name and address of any physician providing obstetrical services who was present at the birth and the name and address of the hospital at which the birth occurred;\n\t\t\td. A description of the disability for which claim is made;\n\t\t\te. The time and place where the birth-related neurological injury occurred;\n\t\t\tf. A brief statement of the facts and circumstances surrounding the birth-related neurological injury and giving rise to the claim;\n\t\t\tg. All available relevant medical records relating to the person who allegedly suffered a birth-related neurological injury and an identification of any unavailable records known to the claimant and the reasons for their unavailability;\n\t\t\th. Appropriate assessments, evaluations, and prognoses and such other records and documents as are reasonably necessary for the determination of the amount of compensation to be paid to, or on behalf of, the injured infant on account of a birth-related neurological injury;\n\t\t\ti. Documentation of expenses and services incurred to date, which indicates whether such expenses and services have been paid for, and if so, by whom; and\n\t\t\tj. Documentation of any applicable private or governmental source of services or reimbursement relative to the alleged impairments.2\n\nThe claimant shall furnish the Commission with as many copies of the petition as required for service upon the Program, any physician and hospital named in the petition, the Board of Medicine and the Department of Health, along with a $15 filing fee. Upon receipt of the petition the Commission shall immediately serve the Program by service upon the agent designated to accept service on behalf of the Program in the plan of operation by registered or certified mail, and shall mail copies of the petition to any physician and hospital named in the petition, the Board of Medicine and the Department of Health.B\n\nUpon receipt of the petition or the filing of a claim relating to the conduct of a participating physician, the Department of Health Professions shall investigate the petition or claim, utilizing the same process as it does in investigating complaints filed under any provision contained in Title 54.1. Conduct of health care providers giving rise to disciplinary action shall be referred to the Board of Medicine for action consistent with the authority granted to the Board in Article 2 (§ 54.1-2911 et seq.) of Chapter 29 of Title 54.1. If a notice or order is issued by the Board of Medicine, a copy shall be mailed to the petitioner or claimant.C\n\nUpon receipt of the petition or the filing of a claim relating to the conduct of a participating hospital, the Department of Health shall investigate the petition or claim, utilizing the same process as it does in investigating complaints filed under any provision of Title 32.1. If it determines that there is reason to believe that the alleged injury resulted from, or was aggravated by, substandard care on the part of the hospital at which the birth occurred, it shall take any appropriate action consistent with the authority granted to the Department of Health in Title 32.1.D\n\nThe Program shall file a response to the petition and submit relevant written information relating to the issue of whether the injury alleged is a birth-related neurological injury within the meaning of this chapter within 10 days after the date the panel report prepared pursuant to subsection C of § 38.2-5008 is filed with the Commission.E\n\nAny hospital at which a birth occurred, upon receipt of written notice from the legal representative of an injured infant that he intends to file a petition under this chapter, shall promptly deliver to such person all available medical records relating to the infant who allegedly suffered a birth-related neurological injury.F\n\nAs used in this chapter, fetal monitoring strips, whether printed or in electronic format, shall be deemed to constitute part of the medical records relating to an infant who allegedly suffered a birth-related neurological injury.","order_by":null,"text":{"0":{"id":212120,"text":"1. In all claims filed under this chapter, the claimant shall file with the Commission a petition, setting forth the following information:\n\t\t\ta. The name and address of the legal representative and the basis for his representation of the injured infant;\n\t\t\tb. The name and address of the injured infant;\n\t\t\tc. The name and address of any physician providing obstetrical services who was present at the birth and the name and address of the hospital at which the birth occurred;\n\t\t\td. A description of the disability for which claim is made;\n\t\t\te. The time and place where the birth-related neurological injury occurred;\n\t\t\tf. A brief statement of the facts and circumstances surrounding the birth-related neurological injury and giving rise to the claim;\n\t\t\tg. All available relevant medical records relating to the person who allegedly suffered a birth-related neurological injury and an identification of any unavailable records known to the claimant and the reasons for their unavailability;\n\t\t\th. Appropriate assessments, evaluations, and prognoses and such other records and documents as are reasonably necessary for the determination of the amount of compensation to be paid to, or on behalf of, the injured infant on account of a birth-related neurological injury;\n\t\t\ti. Documentation of expenses and services incurred to date, which indicates whether such expenses and services have been paid for, and if so, by whom; and\n\t\t\tj. Documentation of any applicable private or governmental source of services or reimbursement relative to the alleged impairments.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A2"},"1":{"id":212121,"text":"The claimant shall furnish the Commission with as many copies of the petition as required for service upon the Program, any physician and hospital named in the petition, the Board of Medicine and the Department of Health, along with a $15 filing fee. Upon receipt of the petition the Commission shall immediately serve the Program by service upon the agent designated to accept service on behalf of the Program in the plan of operation by registered or certified mail, and shall mail copies of the petition to any physician and hospital named in the petition, the Board of Medicine and the Department of Health.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A","next_prefix":"B"},"2":{"id":212122,"text":"Upon receipt of the petition or the filing of a claim relating to the conduct of a participating physician, the Department of Health Professions shall investigate the petition or claim, utilizing the same process as it does in investigating complaints filed under any provision contained in Title 54.1. Conduct of health care providers giving rise to disciplinary action shall be referred to the Board of Medicine for action consistent with the authority granted to the Board in Article 2 (§ 54.1-2911 et seq.) of Chapter 29 of Title 54.1. If a notice or order is issued by the Board of Medicine, a copy shall be mailed to the petitioner or claimant.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"3":{"id":212123,"text":"Upon receipt of the petition or the filing of a claim relating to the conduct of a participating hospital, the Department of Health shall investigate the petition or claim, utilizing the same process as it does in investigating complaints filed under any provision of Title 32.1. If it determines that there is reason to believe that the alleged injury resulted from, or was aggravated by, substandard care on the part of the hospital at which the birth occurred, it shall take any appropriate action consistent with the authority granted to the Department of Health in Title 32.1.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"4":{"id":212124,"text":"The Program shall file a response to the petition and submit relevant written information relating to the issue of whether the injury alleged is a birth-related neurological injury within the meaning of this chapter within 10 days after the date the panel report prepared pursuant to subsection C of § 38.2-5008 is filed with the Commission.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":212125,"text":"Any hospital at which a birth occurred, upon receipt of written notice from the legal representative of an injured infant that he intends to file a petition under this chapter, shall promptly deliver to such person all available medical records relating to the infant who allegedly suffered a birth-related neurological injury.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":212126,"text":"As used in this chapter, fetal monitoring strips, whether printed or in electronic format, shall be deemed to constitute part of the medical records relating to an infant who allegedly suffered a birth-related neurological injury.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13218,"edition_id":1,"name":"Virginia Birth-Related Neurological Injury Compensation Act","identifier":"50","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:28","date_modified":"2026-06-26 03:44:28","permalink":{"id":217589,"object_type":"structure","relational_id":13218,"identifier":"50","token":"38.2\/50","url":"\/38.2\/50\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":74067,"structure_id":13218,"section_number":"38.2-5000","catch_line":"Short title","url":"\/38.2-5000\/","token":"38.2\/50\/38.2-5000","metadata":false},{"id":83577,"structure_id":13218,"section_number":"38.2-5001","catch_line":"Definitions","url":"\/38.2-5001\/","token":"38.2\/50\/38.2-5001","metadata":false},{"id":77129,"structure_id":13218,"section_number":"38.2-5002","catch_line":"Virginia Birth-Related Neurological Injury Compensation Program; exclusive remedy; exception","url":"\/38.2-5002\/","token":"38.2\/50\/38.2-5002","metadata":false},{"id":66273,"structure_id":13218,"section_number":"38.2-5002.1","catch_line":"Representation by Office of Attorney General; applicability of Public Procurement Act, Freedom of Information Act, and Administrative Process Act","url":"\/38.2-5002.1\/","token":"38.2\/50\/38.2-5002.1","metadata":false},{"id":57479,"structure_id":13218,"section_number":"38.2-5002.2","catch_line":"Confidentiality of certain information; penalty","url":"\/38.2-5002.2\/","token":"38.2\/50\/38.2-5002.2","metadata":false},{"id":72413,"structure_id":13218,"section_number":"38.2-5003","catch_line":"Virginia Workers' Compensation Commission authorized to hear and determine claims","url":"\/38.2-5003\/","token":"38.2\/50\/38.2-5003","metadata":false},{"id":57908,"structure_id":13218,"section_number":"38.2-5004","catch_line":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records","url":"\/38.2-5004\/","token":"38.2\/50\/38.2-5004","metadata":false},{"id":54226,"structure_id":13218,"section_number":"38.2-5004.1","catch_line":"Notification of possible beneficiaries","url":"\/38.2-5004.1\/","token":"38.2\/50\/38.2-5004.1","metadata":false},{"id":59287,"structure_id":13218,"section_number":"38.2-5005","catch_line":"Tolling of statute of limitations","url":"\/38.2-5005\/","token":"38.2\/50\/38.2-5005","metadata":false},{"id":62777,"structure_id":13218,"section_number":"38.2-5006","catch_line":"Hearing; parties","url":"\/38.2-5006\/","token":"38.2\/50\/38.2-5006","metadata":false},{"id":73938,"structure_id":13218,"section_number":"38.2-5007","catch_line":"Interrogatories and depositions","url":"\/38.2-5007\/","token":"38.2\/50\/38.2-5007","metadata":false},{"id":62457,"structure_id":13218,"section_number":"38.2-5008","catch_line":"Determination of claims; presumption; finding of Virginia Workers' Compensation Commission binding on participants; medical advisory panel","url":"\/38.2-5008\/","token":"38.2\/50\/38.2-5008","metadata":false},{"id":85578,"structure_id":13218,"section_number":"38.2-5008.1","catch_line":"Right to confront and cross-examine witnesses","url":"\/38.2-5008.1\/","token":"38.2\/50\/38.2-5008.1","metadata":false},{"id":78254,"structure_id":13218,"section_number":"38.2-5009","catch_line":"Commission awards for birth-related neurological injuries; notice of award","url":"\/38.2-5009\/","token":"38.2\/50\/38.2-5009","metadata":false},{"id":87239,"structure_id":13218,"section_number":"38.2-5009.1","catch_line":"Infants dying shortly after birth","url":"\/38.2-5009.1\/","token":"38.2\/50\/38.2-5009.1","metadata":false},{"id":79332,"structure_id":13218,"section_number":"38.2-5010","catch_line":"Rehearing on Commission determination or award","url":"\/38.2-5010\/","token":"38.2\/50\/38.2-5010","metadata":false},{"id":67787,"structure_id":13218,"section_number":"38.2-5011","catch_line":"Conclusiveness of determination or award; appeal","url":"\/38.2-5011\/","token":"38.2\/50\/38.2-5011","metadata":false},{"id":86971,"structure_id":13218,"section_number":"38.2-5012","catch_line":"Enforcement, etc., of orders and awards","url":"\/38.2-5012\/","token":"38.2\/50\/38.2-5012","metadata":false},{"id":54550,"structure_id":13218,"section_number":"38.2-5013","catch_line":"Limitation on claims","url":"\/38.2-5013\/","token":"38.2\/50\/38.2-5013","metadata":false},{"id":76811,"structure_id":13218,"section_number":"38.2-5014","catch_line":"Scope","url":"\/38.2-5014\/","token":"38.2\/50\/38.2-5014","metadata":false},{"id":60095,"structure_id":13218,"section_number":"38.2-5015","catch_line":"Birth-Related Neurological Injury Compensation Fund; assets of the Fund; audit","url":"\/38.2-5015\/","token":"38.2\/50\/38.2-5015","metadata":false},{"id":54316,"structure_id":13218,"section_number":"38.2-5016","catch_line":"Board of directors; appointment; vacancies; term; list of Program claimants","url":"\/38.2-5016\/","token":"38.2\/50\/38.2-5016","metadata":false},{"id":54427,"structure_id":13218,"section_number":"38.2-5016.1","catch_line":"Investment strategy advice; expected returns","url":"\/38.2-5016.1\/","token":"38.2\/50\/38.2-5016.1","metadata":false},{"id":65282,"structure_id":13218,"section_number":"38.2-5017","catch_line":"Plan of operation","url":"\/38.2-5017\/","token":"38.2\/50\/38.2-5017","metadata":false},{"id":61928,"structure_id":13218,"section_number":"38.2-5018","catch_line":"Assessments to be held in restricted cash account","url":"\/38.2-5018\/","token":"38.2\/50\/38.2-5018","metadata":false},{"id":72367,"structure_id":13218,"section_number":"38.2-5019","catch_line":"Repealed","url":"\/38.2-5019\/","token":"38.2\/50\/38.2-5019","metadata":false},{"id":66131,"structure_id":13218,"section_number":"38.2-5020","catch_line":"Assessments","url":"\/38.2-5020\/","token":"38.2\/50\/38.2-5020","metadata":false},{"id":65425,"structure_id":13218,"section_number":"38.2-5020.1","catch_line":"Credits against malpractice insurance premiums","url":"\/38.2-5020.1\/","token":"38.2\/50\/38.2-5020.1","metadata":false},{"id":84304,"structure_id":13218,"section_number":"38.2-5021","catch_line":"Actuarial investigation, valuations, gain\/loss analysis; notice if assessments prove insufficient","url":"\/38.2-5021\/","token":"38.2\/50\/38.2-5021","metadata":false}],"previous_section":{"id":72413,"structure_id":13218,"section_number":"38.2-5003","catch_line":"Virginia Workers' Compensation Commission authorized to hear and determine claims","url":"\/38.2-5003\/","token":"38.2\/50\/38.2-5003","metadata":false},"next_section":{"id":54226,"structure_id":13218,"section_number":"38.2-5004.1","catch_line":"Notification of possible beneficiaries","url":"\/38.2-5004.1\/","token":"38.2\/50\/38.2-5004.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5004\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 540 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1987 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1989, chapter 523; in 2003, chapter 897<\/a>; in 2005, chapters 50<\/a> and 52<\/a>; in 2013, chapter 144<\/a>.<\/p>","references":[{"id":83577,"section_number":"38.2-5001","catch_line":"Definitions","order_by":null,"url":"\/38.2-5001\/"},{"id":62777,"section_number":"38.2-5006","catch_line":"Hearing; parties","order_by":null,"url":"\/38.2-5006\/"},{"id":83214,"section_number":"8.01-273.1","catch_line":"Motion for judgment; motion to refer; Virginia Birth-Related Neurological Injury Compensation Act","order_by":null,"url":"\/8.01-273.1\/"}],"refers_to":[{"id":62457,"section_number":"38.2-5008","catch_line":"Determination of claims; presumption; finding of Virginia Workers' Compensation Commission binding on participants; medical advisory panel","order_by":null,"url":"\/38.2-5008\/"},{"id":84959,"section_number":"54.1-2911","catch_line":"Board; membership; terms of office; change of residence; executive director; etc","order_by":null,"url":"\/54.1-2911\/"}],"permalink":{"id":217615,"object_type":"law","relational_id":57908,"identifier":"38.2-5004","token":"38.2\/50\/38.2-5004","url":"\/38.2-5004\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5004\/","token":"38.2\/50\/38.2-5004","dublin_core":{"Title":"Filing of claims; review by Board of Medicine; review by Department of Health; filing of responses; medical records","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5004","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> 1. In all claims filed under this chapter, the claimant<\/span> shall file with the Commission<\/span> a petition<\/span>, setting forth the following information:\n\t\t\ta. The name and address of the legal representative and the basis for his representation of the injured infant;\n\t\t\tb. The name and address of the injured infant;\n\t\t\tc. The name and address of any physician providing obstetrical services who was present at the birth and the name and address of the hospital at which the birth occurred;\n\t\t\td. A description of the disability for which claim is made;\n\t\t\te. The time and place where the birth-related neurological injury<\/span> occurred;\n\t\t\tf. A brief<\/span> statement of the facts<\/span> and circumstances surrounding the birth-related neurological injury<\/span> and giving rise to the claim;\n\t\t\tg. All available relevant medical records relating to the person<\/span> who allegedly suffered a birth-related neurological injury<\/span> and an identification of any unavailable records known to the claimant<\/span> and the reasons for their unavailability;\n\t\t\th. Appropriate assessments, evaluations, and prognoses and such other records and documents as are reasonably necessary for the determination of the amount of compensation to be paid to, or on behalf of, the injured infant on account of a birth-related neurological injury<\/span>;\n\t\t\ti. Documentation of expenses and services incurred to date, which indicates whether such expenses and services have been paid for, and if so, by whom; and\n\t\t\tj. Documentation of any applicable private or governmental source of services or reimbursement relative to the alleged impairments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The claimant<\/span> shall furnish the Commission<\/span> with as many copies of the petition<\/span> as required for service upon the Program<\/span>, any physician and hospital named in the petition<\/span>, the Board of Medicine and the Department of Health, along with a $15 filing fee. Upon receipt of the petition<\/span> the Commission<\/span> shall immediately serve the Program<\/span> by service upon the agent designated to accept service on behalf of the Program<\/span> in the plan of operation by registered or certified mail, and shall mail copies of the petition<\/span> to any physician and hospital named in the petition<\/span>, the Board of Medicine and the Department of Health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon receipt of the petition<\/span> or the filing of a claim relating to the conduct of a participating physician<\/span>, the Department of Health Professions shall investigate the petition<\/span> or claim, utilizing the same process as it does in investigating complaints filed under any provision contained in Title 54.1. Conduct of health care providers giving rise to disciplinary action shall be referred to the Board of Medicine for action consistent with the authority granted to the Board in Article 2 (§ 54.1-2911<\/a> et seq.) of Chapter 29 of Title 54.1. If a notice or order<\/span> is issued by the Board of Medicine, a copy shall be mailed to the petitioner or claimant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of the petition<\/span> or the filing of a claim relating to the conduct of a participating hospital<\/span>, the Department of Health shall investigate the petition<\/span> or claim, utilizing the same process as it does in investigating complaints filed under any provision of Title 32.1. If it determines that there is reason to believe that the alleged injury resulted from, or was aggravated by, substandard care on the part of the hospital at which the birth occurred, it shall take any appropriate action consistent with the authority granted to the Department of Health in Title 32.1. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Program<\/span> shall file a response to the petition<\/span> and submit relevant written information relating to the issue<\/span> of whether the injury alleged is a birth-related neurological injury<\/span> within the meaning of this chapter within 10 days after the date the panel<\/span> report prepared pursuant to subsection C of § 38.2-5008<\/a> is filed with the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any hospital at which a birth occurred, upon receipt of written notice from the legal representative of an injured infant that he intends to file a petition<\/span> under this chapter, shall promptly deliver to such person<\/span> all available medical records relating to the infant who allegedly suffered a birth-related neurological injury<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> As used in this chapter, fetal monitoring strips, whether printed or in electronic format, shall be deemed to constitute part of the medical records relating to an infant who allegedly suffered a birth-related neurological injury<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFILING OF CLAIMS; REVIEW BY BOARD OF MEDICINE; REVIEW BY DEPARTMENT OF HEALTH;\nFILING OF RESPONSES; MEDICAL RECORDS (\u00a7 38.2-5004)\n\nA. 1. In all claims filed under this chapter, the claimant shall file with the\nCommission a petition, setting forth the following information:\n\t\t\ta. The name and address of the legal representative and the basis for his\nrepresentation of the injured infant;\n\t\t\tb. The name and address of the injured infant;\n\t\t\tc. The name and address of any physician providing obstetrical services who\nwas present at the birth and the name and address of the hospital at which the\nbirth occurred;\n\t\t\td. A description of the disability for which claim is made;\n\t\t\te. The time and place where the birth-related neurological injury occurred;\n\t\t\tf. A brief statement of the facts and circumstances surrounding the\nbirth-related neurological injury and giving rise to the claim;\n\t\t\tg. All available relevant medical records relating to the person who\nallegedly suffered a birth-related neurological injury and an identification of\nany unavailable records known to the claimant and the reasons for their\nunavailability;\n\t\t\th. Appropriate assessments, evaluations, and prognoses and such other records\nand documents as are reasonably necessary for the determination of the amount of\ncompensation to be paid to, or on behalf of, the injured infant on account of a\nbirth-related neurological injury;\n\t\t\ti. Documentation of expenses and services incurred to date, which indicates\nwhether such expenses and services have been paid for, and if so, by whom; and\n\t\t\tj. Documentation of any applicable private or governmental source of services\nor reimbursement relative to the alleged impairments.\n\n 2. The claimant shall furnish the Commission with as many copies of the\n petition as required for service upon the Program, any physician and hospital\n named in the petition, the Board of Medicine and the Department of Health,\n along with a $15 filing fee. Upon receipt of the petition the Commission shall\n immediately serve the Program by service upon the agent designated to accept\n service on behalf of the Program in the plan of operation by registered or\n certified mail, and shall mail copies of the petition to any physician and\n hospital named in the petition, the Board of Medicine and the Department of\n Health.\n\nB. Upon receipt of the petition or the filing of a claim relating to the conduct\nof a participating physician, the Department of Health Professions shall\ninvestigate the petition or claim, utilizing the same process as it does in\ninvestigating complaints filed under any provision contained in Title 54.1.\nConduct of health care providers giving rise to disciplinary action shall be\nreferred to the Board of Medicine for action consistent with the authority\ngranted to the Board in Article 2 (§ 54.1-2911 et seq.) of Chapter 29 of\nTitle 54.1. If a notice or order is issued by the Board of Medicine, a copy\nshall be mailed to the petitioner or claimant.\n\nC. Upon receipt of the petition or the filing of a claim relating to the conduct\nof a participating hospital, the Department of Health shall investigate the\npetition or claim, utilizing the same process as it does in investigating\ncomplaints filed under any provision of Title 32.1. If it determines that there\nis reason to believe that the alleged injury resulted from, or was aggravated\nby, substandard care on the part of the hospital at which the birth occurred, it\nshall take any appropriate action consistent with the authority granted to the\nDepartment of Health in Title 32.1.\n\nD. The Program shall file a response to the petition and submit relevant written\ninformation relating to the issue of whether the injury alleged is a\nbirth-related neurological injury within the meaning of this chapter within 10\ndays after the date the panel report prepared pursuant to subsection C of §\n38.2-5008 is filed with the Commission.\n\nE. Any hospital at which a birth occurred, upon receipt of written notice from\nthe legal representative of an injured infant that he intends to file a petition\nunder this chapter, shall promptly deliver to such person all available medical\nrecords relating to the infant who allegedly suffered a birth-related\nneurological injury.\n\nF. As used in this chapter, fetal monitoring strips, whether printed or in\nelectronic format, shall be deemed to constitute part of the medical records\nrelating to an infant who allegedly suffered a birth-related neurological\ninjury.\n\nHISTORY: 1987, c. 540; 1989, c. 523; 2003, c. 897; 2005, cc. 50, 52; 2013, c.\n144.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}