What is New York’s Medical Indemnity Fund?

baby that was injured during birth and mom holding hands

New York’s Medical Indemnity Fund was designed to provide a funding source for future health care costs of infants in medical malpractice claims who sustained neurological injuries due to medical malpractice. Established in 2011, the Medical Indemnity Fund has two main purposes1) to pay costs necessary to meet the health care needs of a “qualified plaintiff” throughout their lifetime; 2) to reduce the expenses that come with medical malpractice litigation.

The fund relieves defendants of all of their obligations to pay future medical costs associated with birth injury. For instance, if a plaintiff received a judgment for $5 million for future medical bills, the defendant will not have to pay that. The fund will pay such expenses as they are incurred, assuming that the fund will not relieve private insurance companies of their obligations.

You still have the right to file a lawsuit under the Medical Indemnity Fund. It is likely in your best interest to work with an experienced birth injury attorney. At Finz & Finz, P.C., we will represent you throughout the entire process. Once it is resolved, we help you recover all compensation available to you under the Medical Indemnity Fund.

At Finz & Finz, P.C., we are proud to represent clients whose children suffered birth injuries as a result of medical malpractice. We seek full compensation for all injuries suffered. We will review with you the eligibility of your child for benefits under New York’s Medical Indemnity Fund, and we are ready to take whatever action may be needed to seek all eligible benefits.

People who are plaintiffs of an eligible medical malpractice lawsuit can enroll in New York’s Medical Indemnity Fund.

If approved, they will be reimbursed for medical expenses, which may include:

  • Medical treatments
  • Hospitalization
  • Medical equipment
  • Physical therapy
  • In-home care
  • Medications
  • Home modifications
  • Rehabilitation
  • Pain and suffering
  • Loss of the enjoyment of life

Your infant may have sustained an injury because of negligence that occurred before, during, or after the birth. The New York City injury attorneys at Finz & Finz, P.C. work with medical experts to determine the full value of your birth injury case. We won’t let the insurance company give you a penny less than what you and your child deserve.

Types of Birth Injuries

Some of the most common kinds of birth injuries in New York include:

Cerebral Palsy

Cerebral Palsy is a condition caused by damage to the part of the child’s brain that controls motor skills. While this condition is permanent, children might regain the ability to perform daily tasks with therapy. Babies with cerebral palsy may have difficulty learning to sit, crawl, or walk. Many have abnormal muscle tone and an unusual posture.

If you believe that your child has Cerebral Palsy from medical negligence, it is critical that you consult with a New York birth injury attorney as soon as you can. A highly skilled and compassionate lawyer will be able to evaluate your case and determine if you have a viable claim.

Brain Damage

Babies delivered via vacuum assistance are generally at a higher risk of suffering from traumatic brain damage. Using too much pressure with the forceps can cause injuries to the brain of the baby, which can cause them to suffer from severe mental and physical impairments.

Brachial Plexus Injuries (Erb’s Palsy)

Brachial plexus injuries occur when the nerves running through the spine, neck, shoulders, hands, and arms are injured. Brachial plexus injuries can result from prolonged labor or complications during delivery that needs the use of forceps.

Symptoms of brachial plexus injury may include paralysis, claw-like hands, and muscle contractions. While some infants recover from brachial plexus injuries within six months, more serious cases can cause lifelong disabilities.

Intracranial Hemorrhage

Bleeding could occur in or around the brain. If the bleeding is not treated right away, the affected area of the brain could lead to lifelong damage. Infants with an intracranial hemorrhage may develop Cerebral Palsy.

Spinal Cord Injuries

Physical trauma during delivery, breech birth, and congenital defects are among the common causes of spinal cord injuries in newborns. Spina Bifida is a disability where the baby does not develop properly and is more exposed and prone to injury.

Facial Paralysis

Facial paralysis occurs when the baby’s facial nerve is damaged, typically during delivery, causing a loss of function in the muscles of the face. Facial paralysis can be caused by birth trauma, especially when forceps are utilized to extract the infant from the birth canal. If the doctor fails to use reasonable care and causes facial paralysis, they may be held liable for malpractice. If your child suffered facial paralysis as a result of birth trauma, a New York birth injury attorney will help you fight for compensation.

Broken Bones

During childbirth, the baby has to go through the birth canal. This can place much pressure on their body and cause broken bones. The collar bone is the most commonly broken bone. Broken bones can also result if the baby is improperly handled after birth. Fractures sometimes go unnoticed and untreated, which can lead to more severe problems in the future.

Contact a New York Birth Injury Lawyer

Cases involving infants injured at birth are often challenging and complex. The New York birth injury lawyers at Finz & Finz, P.C. on Long Island have extensive experience in not only litigating these cases but in navigating the complicated litigation and bureaucratic hurdles that come with New York’s Medical Indemnity Fund, even after the case has been settled. Call now at 855-TOP-FIRM for a free and confidential consultation.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.