In recent years, states across our nation have increasingly focused on legislation in an effort to contain medical malpractice insurance premiums. Although only a few percent of overall medical costs,1 medical malpractice expenses have been blamed for ruining medical practices and forcing hospital closures. Birth-related neurological injuries constitute a disproportionately large share of overall malpractice costs and have become a principal target of cost containment efforts. Newly effective Public Health Law Section 2999 represents New York’s latest cost containment effort. Pursuant to this legislation, a Medical Indemnity Fund is created for future care associated with birth-related neurological injuries expressly “to reduce premium costs for medical malpractice insurance coverage.”2

Birth related neurological injury is defined as “…injury to the brain or spinal cord of a live infant caused by the deprivation of oxygen or mechanical injury…”3 Henceforward the cost of care will be paid for the injured plaintiff only through disbursements from the fund and not via jury award or settlement proceeds.4 Participation in the fund is mandatory, not discretionary.5 To appreciate the likely impact of the new legislation, the contextual nexus between birth-related neurological injuries and medical malpractice needs to be explored.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]