Complications that occur at the time of birth often result in serious and chronic injuries. Infants who survive preventable birth injuries may require life-long care, as well as ongoing medical treatment and rehabilitation. Medical malpractice damages awards can assist in compensating victims and their families for expenses relating to medical costs and day-to-day care needs, but even that is not always enough. That is why it is important for medical malpractice victims and their families to be familiar with New York’s Medical Indemnity Fund.
According to the New York State Education Department, the Medical Indemnity Fund was instituted in 2011, and is intended to mitigate medical malpractice litigation expenses while also providing compensation for the long-term healthcare needs of qualifying plaintiffs. The Medical Indemnity Fund applies to medical malpractice victims who have sustained birth-related neurological injuries, and who have received a court-approved judgment or settlement.
Some of the services, supplies and other expenses covered under the Medical Indemnity Fund include but are not limited to:
- Nursing care
- Assistive technology
- Durable medical equipment
- Certain vehicle and home modifications
The New York Department of Financial Services, which funds the compensation program, explains that a medical malpractice victim may be eligible to have his or her long-term medical and care needs covered by the Medical Indemnity Fund under several circumstances. The Fund covers trauma to the brain or spinal cord resulting from a mechanical injury or oxygen deprivation that occurred during the course of the labor and delivery process. Such injuries could result in permanent and substantial developmental disabilities and/or motor impairments.