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Home / Opinion Digests / Birth Injury Recovery May Exceed Cap (access required)

Birth Injury Recovery May Exceed Cap (access required)

A med-mal carrier is required to defend an action filed by parents who alleged defendant physician represented that he participated in Virginia’s Birth Injury Fund, but failed to pay into the Fund, which is not available to cover neurological injuries suffered by their child at birth; the Supreme Court of Virginia affirms declaratory judgment for ...