Children who have a birth injury shouldn't have to suffer from the consequences of a doctor or medical professional's negligence. They should be taken care of financially and have all of their medical needs compensated.
In New York, there are several ways in which families can recover damages for a birth injury. One of these ways is by enrolling in the Medical Indemnity Fund.
What is the NYSMIF?
As the New York State Department of Financial Services explains, The New York State Medical Indemnity Fund (NYSMIF) was "established in 2011 to provide a funding source for future health care costs associated with birth-related neurological injuries." This includes injuries to the baby's spinal cord and brain that result in:
How is the NYSMIF funded?
The NYSMIF is funded using a complex equation dictated in Sections 2999-g, 2999-j (6), and 2999-j (13) of the legislation with the same name. Money is deposited by the state's superintendent of financial to the fund annually and may not be transferred to other funds.
Who qualifies and what does the fund cover?
Individuals who are plaintiffs of a qualifying medical malpractice lawsuit are eligible to enroll in the fund. If an enrollee is approved, they will be reimbursed for associated health care costs that can include, but are not limited to:
Who can start the enrollment process?
As the New York State Department of Financial Services explains on its FAQ page, enrollees can be:
This means, if parents are not comfortable handling the application process themselves, the process can be handled by the family's attorney.
How long will an eligible child be reimbursed for medical costs?
Because the NYSMIF is designed to alleviate the financial burdens associated with long-term care of a birth injury, enrollees may receive funding for the rest of their lives.
|$15 Million - Jury Award Against Hospital|
|$10.5 Million - Malpractice Infant Brain Damage|
|$9 Million - Brain Injured Baby Settlement|
|$7.75 Million - Pediatric Intensive Care Unit|
|$7.5 Million - Injured Construction Worker Settlement|
|$7.25 Million - Intersection Accident Settlement NYC|
|$5.5 Million - Bus Accident Award|
|$5.5 Million - Injured Child|
|$5.5 Million - Blinded Woman|
|$5.45 Million - Injured Child|
|$5.4 Million - Construction Burn Victim|
|$5.1 Million - Motorcycle Victim|
|$5 Million - Eye Surgery|
|$4.5 Million - Failure to Perform C-Section|
|$4.5 Million - Personal Injury Settlement|
|$4.4 Million - Failure to Diagnose Infection|
|$4.125 Million - Failure to Diagnose Quadriplegia|
|$4.0 Million - NYC Hospital Negligence Birth Injury|
|$3.8 Million - Electrician|
|$3.75 Million - Hospital Negligence Sepsis|
|$3.7 Million - Birth Injury Infant Stroke|
|$3.5 Million - Faulty Freight Elevator Fall|
|$3.4 Million - Surgical Error Bronxville Hospital|
|$3.28 Million - Eye Surgery Case|
|$3.15 Million - Settlement for a Brooklyn Laborer|
|$3.1 Million - Verdict Returned by NY Jury|
|$3.1 Million - Awarded by Brooklyn Jurors|
|$3 Million - Birth Injury Development Delays|
|$3 Million - Settlement Scaffold Injury Hudson Yard|
|$3 Million - Hot Water Burn Death|
|$2.6 Million - Surgical Error Premature Death|
|$2.5 Million - Hospital Malpractice Toddler Hemiplegia|
|$2.4 Million - Failure to Diagnose Lead to Paralysis|
|$2.3 Million - Birth Injury Brain Damage|
|$2.1 Million - Hospital Negligence Birth Injury|
|$2.1 Million - Failure to Diagnose Stroke|
|$2.1 Million - Surgical Error Paraplegic|
|$2.1 Million - Injured Worker|
|$2 Million - Hospital Negligence Permanent Injury|
|$2 Million - Malpractice Settlement Delay in Delivery|
|$2 Million - Verdict against Hospital|
|$1.8 Million - Failure to Diagnose Tumor|
|$1.75 Million - Diagnosing Prostate Cancer|
|$1.5 Million - Prostate Procedure Malpractice|
|$1.5 Million - Delay in Treatment - Nerve Damage|
|$1.4 Million dollar settlement in Action Over Explosion|
|$1.26 Million - Disabled Vehicle's Driver Hit|
|$1.15 Million To Slip-and-Fall Victim awarded by Jury|