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A birth injury fund is a financial fund that provides care for children who suffered a birth injury. It's a compensation program for infants injured at birth, offering lifetime services and benefits for injured infants and their families, including:
A birth injury fund is often a no-fault program, giving compensation to the families of birth-injured children and foregoing the need for litigation regarding birth injury malpractice by OB/Gyns, other physicians and hospitals. The creation of birth injury funds began in the 1980s, when medical malpractice insurance premiums had gotten so high that OB/Gyns were being forced out of their medical practice because they simply couldn't afford the insurance.
Examples of birth injuries often eligible for birth injury fund awards are:
There are criteria that an injured child must meet to be eligible for an award from a specific birth injury fund. Most birth injury funds are state-run. When the family of a child with a birth-related injury accepts an award from a birth injury fund, they are prevented from seeking any other compensation through a lawsuit.
The state of Virginia sponsored the first birth injury fund in the U.S. in 1987. The Virginia Birth Injury Fund is currently facing a budget deficit of over $100 million. The parties that contribute to the fund are:
The costs of raising a child with a birth injury are huge, both financially and emotionally. The tort system was created to help the injured recover the costs of an injury from the parties who are responsible; however an award from a birth injury fund may not be the best option.
To determine whether seeking compensation from a birth injury fund or filing an individual lawsuit against those responsible for your child’s injury is best for you, please contact us today. One of our experienced birth injury attorneys will evaluate your situation to determine the best legal remedy.
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