ALBANY – Although Governor Andrew M. Cuomo failed to win caps on non-economic damages in medical malpractice cases in his first budget, he did succeed in creating a new fund to pay medical expenses for infants who are neurologically damaged due to medical mistakes.
Proponents of the new fund say it will offer the best of both worlds when it goes into effect on Oct. 1 by allowing medical costs to be provided on an annual basis to injured parties, whose parents or guardians can pursue medical malpractice actions on the basis of emotional distress and other losses.
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