§ 38.2-5004. Filing of claims; review by Board of Medicine; review byDepartment of Health; filing of responses; medical records.
A. 1. In all claims filed under this chapter, the claimant shall file withthe Commission a petition, setting forth the following information:
a. The name and address of the legal representative and the basis for hisrepresentation of the injured infant;
b. The name and address of the injured infant;
c. The name and address of any physician providing obstetrical services whowas present at the birth and the name and address of the hospital at whichthe 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 thebirth-related neurological injury and giving rise to the claim;
g. All available relevant medical records relating to the person whoallegedly suffered a birth-related neurological injury and an identificationof any unavailable records known to the claimant and the reasons for theirunavailability;
h. Appropriate assessments, evaluations, and prognoses and such other recordsand documents as are reasonably necessary for the determination of the amountof compensation to be paid to, or on behalf of, the injured infant on accountof a birth-related neurological injury;
i. Documentation of expenses and services incurred to date, which indicateswhether such expenses and services have been paid for, and if so, by whom; and
j. Documentation of any applicable private or governmental source of servicesor reimbursement relative to the alleged impairments.
2. The claimant shall furnish the Commission with as many copies of thepetition as required for service upon the Program, any physician and hospitalnamed in the petition, the Board of Medicine and the Department of Health,along with a $15 filing fee. Upon receipt of the petition the Commissionshall immediately serve the Program by service upon the agent designated toaccept service on behalf of the Program in the plan of operation byregistered or certified mail, and shall mail copies of the petition to anyphysician and hospital named in the petition, the Board of Medicine and theDepartment of Health.
B. Upon receipt of the petition or the filing of a claim relating to theconduct of a participating physician, the Department of Health Professionsshall investigate the petition or claim, utilizing the same process as itdoes in investigating complaints filed under any provision contained in Title54.1. Conduct of health care providers giving rise to disciplinary actionshall be referred to the Board of Medicine for action consistent with theauthority granted to the Board in §§ 54.1-2911 through 54.1-2928. If a noticeor order is issued by the Board of Medicine, a copy shall be mailed to thepetitioner or claimant.
C. Upon receipt of the petition or the filing of a claim relating to theconduct of a participating hospital, the Department of Health shallinvestigate the petition or claim, utilizing the same process as it does ininvestigating complaints filed under any provision of Title 32.1. If itdetermines that there is reason to believe that the alleged injury resultedfrom, or was aggravated by, substandard care on the part of the hospital atwhich the birth occurred, it shall take any appropriate action consistentwith the authority granted to the Department of Health in Title 32.1.
D. The Program shall file a response to the petition and submit relevantwritten information relating to the issue of whether the injury alleged is abirth-related neurological injury within the meaning of this chapter within10 days after the date the panel report prepared pursuant to subsection C of§ 38.2-5008 is filed with the Commission.
E. Any hospital at which a birth occurred, upon receipt of written noticefrom the legal representative of an injured infant that he intends to file apetition under this chapter, shall promptly deliver to such person allavailable medical records relating to the infant who allegedly suffered abirth-related neurological injury.
F. As used in this chapter, fetal monitoring strips, whether printed or inelectronic format, shall be deemed to constitute part of the medical recordsrelating to an infant who allegedly suffered a birth-related neurologicalinjury.
(1987, c. 540; 1989, c. 523; 2003, c. 897; 2005, cc. 50, 52.)
§ 38.2-5004. Filing of claims; review by Board of Medicine; review byDepartment of Health; filing of responses; medical records.
A. 1. In all claims filed under this chapter, the claimant shall file withthe Commission a petition, setting forth the following information:
a. The name and address of the legal representative and the basis for hisrepresentation of the injured infant;
b. The name and address of the injured infant;
c. The name and address of any physician providing obstetrical services whowas present at the birth and the name and address of the hospital at whichthe 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 thebirth-related neurological injury and giving rise to the claim;
g. All available relevant medical records relating to the person whoallegedly suffered a birth-related neurological injury and an identificationof any unavailable records known to the claimant and the reasons for theirunavailability;
h. Appropriate assessments, evaluations, and prognoses and such other recordsand documents as are reasonably necessary for the determination of the amountof compensation to be paid to, or on behalf of, the injured infant on accountof a birth-related neurological injury;
i. Documentation of expenses and services incurred to date, which indicateswhether such expenses and services have been paid for, and if so, by whom; and
j. Documentation of any applicable private or governmental source of servicesor reimbursement relative to the alleged impairments.
2. The claimant shall furnish the Commission with as many copies of thepetition as required for service upon the Program, any physician and hospitalnamed in the petition, the Board of Medicine and the Department of Health,along with a $15 filing fee. Upon receipt of the petition the Commissionshall immediately serve the Program by service upon the agent designated toaccept service on behalf of the Program in the plan of operation byregistered or certified mail, and shall mail copies of the petition to anyphysician and hospital named in the petition, the Board of Medicine and theDepartment of Health.
B. Upon receipt of the petition or the filing of a claim relating to theconduct of a participating physician, the Department of Health Professionsshall investigate the petition or claim, utilizing the same process as itdoes in investigating complaints filed under any provision contained in Title54.1. Conduct of health care providers giving rise to disciplinary actionshall be referred to the Board of Medicine for action consistent with theauthority granted to the Board in §§ 54.1-2911 through 54.1-2928. If a noticeor order is issued by the Board of Medicine, a copy shall be mailed to thepetitioner or claimant.
C. Upon receipt of the petition or the filing of a claim relating to theconduct of a participating hospital, the Department of Health shallinvestigate the petition or claim, utilizing the same process as it does ininvestigating complaints filed under any provision of Title 32.1. If itdetermines that there is reason to believe that the alleged injury resultedfrom, or was aggravated by, substandard care on the part of the hospital atwhich the birth occurred, it shall take any appropriate action consistentwith the authority granted to the Department of Health in Title 32.1.
D. The Program shall file a response to the petition and submit relevantwritten information relating to the issue of whether the injury alleged is abirth-related neurological injury within the meaning of this chapter within10 days after the date the panel report prepared pursuant to subsection C of§ 38.2-5008 is filed with the Commission.
E. Any hospital at which a birth occurred, upon receipt of written noticefrom the legal representative of an injured infant that he intends to file apetition under this chapter, shall promptly deliver to such person allavailable medical records relating to the infant who allegedly suffered abirth-related neurological injury.
F. As used in this chapter, fetal monitoring strips, whether printed or inelectronic format, shall be deemed to constitute part of the medical recordsrelating to an infant who allegedly suffered a birth-related neurologicalinjury.
(1987, c. 540; 1989, c. 523; 2003, c. 897; 2005, cc. 50, 52.)
§ 38.2-5004. Filing of claims; review by Board of Medicine; review byDepartment of Health; filing of responses; medical records.
A. 1. In all claims filed under this chapter, the claimant shall file withthe Commission a petition, setting forth the following information:
a. The name and address of the legal representative and the basis for hisrepresentation of the injured infant;
b. The name and address of the injured infant;
c. The name and address of any physician providing obstetrical services whowas present at the birth and the name and address of the hospital at whichthe 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 thebirth-related neurological injury and giving rise to the claim;
g. All available relevant medical records relating to the person whoallegedly suffered a birth-related neurological injury and an identificationof any unavailable records known to the claimant and the reasons for theirunavailability;
h. Appropriate assessments, evaluations, and prognoses and such other recordsand documents as are reasonably necessary for the determination of the amountof compensation to be paid to, or on behalf of, the injured infant on accountof a birth-related neurological injury;
i. Documentation of expenses and services incurred to date, which indicateswhether such expenses and services have been paid for, and if so, by whom; and
j. Documentation of any applicable private or governmental source of servicesor reimbursement relative to the alleged impairments.
2. The claimant shall furnish the Commission with as many copies of thepetition as required for service upon the Program, any physician and hospitalnamed in the petition, the Board of Medicine and the Department of Health,along with a $15 filing fee. Upon receipt of the petition the Commissionshall immediately serve the Program by service upon the agent designated toaccept service on behalf of the Program in the plan of operation byregistered or certified mail, and shall mail copies of the petition to anyphysician and hospital named in the petition, the Board of Medicine and theDepartment of Health.
B. Upon receipt of the petition or the filing of a claim relating to theconduct of a participating physician, the Department of Health Professionsshall investigate the petition or claim, utilizing the same process as itdoes in investigating complaints filed under any provision contained in Title54.1. Conduct of health care providers giving rise to disciplinary actionshall be referred to the Board of Medicine for action consistent with theauthority granted to the Board in §§ 54.1-2911 through 54.1-2928. If a noticeor order is issued by the Board of Medicine, a copy shall be mailed to thepetitioner or claimant.
C. Upon receipt of the petition or the filing of a claim relating to theconduct of a participating hospital, the Department of Health shallinvestigate the petition or claim, utilizing the same process as it does ininvestigating complaints filed under any provision of Title 32.1. If itdetermines that there is reason to believe that the alleged injury resultedfrom, or was aggravated by, substandard care on the part of the hospital atwhich the birth occurred, it shall take any appropriate action consistentwith the authority granted to the Department of Health in Title 32.1.
D. The Program shall file a response to the petition and submit relevantwritten information relating to the issue of whether the injury alleged is abirth-related neurological injury within the meaning of this chapter within10 days after the date the panel report prepared pursuant to subsection C of§ 38.2-5008 is filed with the Commission.
E. Any hospital at which a birth occurred, upon receipt of written noticefrom the legal representative of an injured infant that he intends to file apetition under this chapter, shall promptly deliver to such person allavailable medical records relating to the infant who allegedly suffered abirth-related neurological injury.
F. As used in this chapter, fetal monitoring strips, whether printed or inelectronic format, shall be deemed to constitute part of the medical recordsrelating to an infant who allegedly suffered a birth-related neurologicalinjury.
(1987, c. 540; 1989, c. 523; 2003, c. 897; 2005, cc. 50, 52.)
