Who We Are

Who We Are

Welcome to the website of one of the most innovative programs in the United States. Designed to assure access to obstetrical services for all residents of the Commonwealth, the Virginia Birth-Related Neurological Injury Compensation Program also has distinguished itself by assuring superior care for admitted children.

A Lifetime Of Care
Every year, small numbers of babies are born with serious birth-related neurological injuries. The Birth-Injury Program helps parents take care of these children for life. The Program covers what insurance and other programs don’t — medically necessary expenses such as medical expenses, hospital expenses, rehabilitation expenses, in-home nursing care and much more. In fact, an extensive Virginia General Assembly Joint Legislative and Review Commission (JLARC) study conducted in 2002 states:

In addition to serving more birth-injured children than the tort system, the program provides benefits that exceed the medical malpractice cap for the typical child. (JLARC Review, Page 45)

Why the Birth-Injury Program?
With soaring medical malpractice insurance rates and insurance companies on the brink of eliminating coverage in the mid-1980s, up to one-quarter of the state’s obstetricians were threatened with having to close their office doors. To alleviate this crisis, Virginia worked with all stakeholders – including physicians, associations, insurers, lawyers and others – to develop an innovative solution – the Virginia Birth-Related Neurological Injury Compensation Program. The Program was a first of its kind nationally.

By keeping many of the most expensive cases out of the court system, combined with a medical malpractice award cap, the medical malpractice insurance industry has been reasonably stabilized in Virginia (especially when compared to other states) allowing physicians to do what they do best – treat patients.

Once again, the JLARC report cites the Program’s success:

Although malpractice premiums have increased significantly in the past couple of years, it does not negate the fact that the malpractice cap and birth injury program appear to have had a positive effect on claims costs, and subsequent malpractice premiums. (JLARC Review, Page 52)

Since formation, more than 100 claimants – about two-thirds of those filing petitions to enter - have been admitted into the Program. Admission is solely through and by the Virginia Workers’ Compensation Commission (WCC).

No State Funds Involved
Today the Program’s reserve fund stands at over $160 million. No state funds are involved in providing services to claimants. Funding is derived only from legislatively allowed sources that include:

Participating physician fees
Participating hospital fees
Non-participating physician assessments
Liability insurer assessments

Currently, actuarial studies show the Program is financially sound for the next 20 – 25 years. However, they also note a possible shortfall in reserve funds after that point. The Board of Directors is working with state authorities to assure long-term financial soundness. An actuarial study is completed at least every two years under the auspices of the State Corporation Commission’s Bureau of Insurance.

Governance
With offices just outside Richmond, Virginia, a seven-member volunteer board of directors governs the organization. The Governor of Virginia appoints all board members. Although started by the Virginia General Assembly, the Birth-Injury Program is an independent organization.

Additional Information
Year after year, the Birth-Injury Program continues to fulfill its original purposes – holding down malpractice insurance costs, assuring access to obstetrical services and high quality care for the children.

For additional information please see the rest of this website and/or contact us.

Disclaimer
All information on this website is intended for general informational purposes only and should not be considered legally binding, legal advice, nor substitute for obtaining legal advice from competent legal counsel. Although reasonable efforts are made to keep information on this site accurate, no guarantee is made as to its accuracy.

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