38.2-5009.1 - Infants dying shortly after birth. - Virginia Statutes

§ 38.2-5009.1. Infants dying shortly after birth.

A. For births occurring on or after July 1, 2003, if the Commissiondetermines that an infant has sustained a birth-related neurological injuryand that obstetrical services were delivered by a participating physician atthe birth or that the birth occurred in a participating hospital, and theinfant dies within 180 days of birth, the Commission, in its discretion, maymake an award in an amount not exceeding $100,000 to the infant's family,which award shall be in addition to and not in lieu of any other awardproviding compensation as provided in § 38.2-5009.

B. Prior to making an award pursuant to this section, the Commission shallconduct a hearing for the purpose of determining whether such award isappropriate and, if so, the proper amount of such an award and how it shouldbe paid, after receiving evidence pertaining to sorrow, mental anguish,solace, grief associated with the death of the infant, and all other materialfactors that are relevant.

C. The hearing referred to in subsection B may be conducted as part of ahearing conducted pursuant to § 38.2-5009. The same procedural requirementsapplicable to a hearing conducted pursuant to § 38.2-5009 shall apply to ahearing conducted hereunder.

D. As used in this section, an infant's family means the infant's father,mother, or both, or if neither is a party to the proceeding, the infant'slegal guardian.

(2003, c. 897.)