What Is the New York Birth Injury Fund?

female doctor in white lap coat and stethoscope holding piggy bank over paperwork

Officially titled, the Medical Indemnity Fund, the New York Birth Injury Fund is part of New York’s Public Health Law that helps compensate “qualified plaintiffs” in certain medical malpractice cases.

If the court determines your child received a “birth‐related neurological injury” during a settlement or judgment, your child may be eligible for paid or reimbursed health care services throughout their lifetime.

How Does the Medical Indemnity Fund Help?

The New York Birth Injury Fund takes care of victims of medical malpractice while lowering “the expenses associated with medical malpractice litigation throughout the healthcare system.”

Under the Medical Indemnity Fund, plaintiffs can receive state-funded care or be reimbursed for costs associated with:

  • Medical treatment
  • Dental care
  • Hospital and surgical care
  • Prescription and non-prescription medication
  • Nursing care
  • Assistive technology
  • Medical equipment
  • Home and vehicle modifications
  • Other health care costs related to services, supplies, equipment, and medications.

Plaintiffs may also choose to use their health insurance to address these costs or enroll in other assistive programs. The state will not cover services until plaintiffs utilize their available health insurance.

How Does the New York Birth Injury Fund Work?

When a qualified plaintiff enrolls in the Medical Indemnity Fund, they can receive services covered by the Fund or be reimbursed for health care costs that insurance does not cover. Keep in mind that the Fund will not cover costs that exceed the “usual and customary rate,” of services and may adhere to Medicaid rates when they are available.

Sometimes, plaintiffs may need prior approval for certain costs.

The New York State Department of Financial Services (DFS) administers the New York Birth Injury Fund in partnership with Sedgwick Claims Management Services, Inc. As such, the process of seeking payment or reimbursement is very similar to filing a health insurance claim.

Please see the Medical Indemnity Fund Frequently Asked Questions for more information.

How Does the Medical Indemnity Fund Relate to My Settlement?

Your settlement may qualify you for the New York Birth Injury Fund, but it will have no effect on the amount of your settlement or judgment.

Think of the Fund as a special kind of insurance policy for people who have received birth injuries.

Still, if you want access to the Medical Indemnity Fund, you will need to file a medical malpractice claim in the state. The Law Office of David A. Kates, PLLC can help you handle your claim, so the Fund takes care of you or your child for the rest of their life.

If you have a potential medical malpractice case or need to speak to a lawyer about your rights and legal options, look no further than Attorney David Kates. With 20 years of professional legal experience, David will provide you with the personalized attention you deserve.

Our firm is ready to go the extra mile for you as soon as you call us at (718) 866-3664 or contact us online for a free consultation.