                                 CODE OF VIRGINIA

FILING OF CLAIMS; REVIEW BY BOARD OF MEDICINE; REVIEW BY DEPARTMENT OF HEALTH;
FILING OF RESPONSES; MEDICAL RECORDS (§ 38.2-5004)

A. 1. In all claims filed under this chapter, the claimant shall file with the
Commission a petition, setting forth the following information:
			a. The name and address of the legal representative and the basis for his
representation of the injured infant;
			b. The name and address of the injured infant;
			c. 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;
			d. A description of the disability for which claim is made;
			e. The time and place where the birth-related neurological injury occurred;
			f. A brief statement of the facts and circumstances surrounding the
birth-related neurological injury and giving rise to the claim;
			g. 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;
			h. 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;
			i. 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
			j. Documentation of any applicable private or governmental source of services
or reimbursement relative to the alleged impairments.

   2. 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.

B. 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 (&#xA7; 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. 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.

D. 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 &#xA7;
38.2-5008 is filed with the Commission.

E. 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.

F. 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.

HISTORY: 1987, c. 540; 1989, c. 523; 2003, c. 897; 2005, cc. 50, 52; 2013, c.
144.