Each year, a number of babies are born across the United States with serious birth-related neurological injuries caused by medical negligence or malpractice. Out of every 1,000 babies that are born in the US, 6 to 8 are born with some type of birth injury.

This translates that about one in every 9,714 people are born with a birth defect. Some of the most common birth defects include cerebral palsy, Erb's Palsy, perinatal asphyxia, cephalohematoma, subconjunctival hemorrhage, and intracranial hemorrhage.

Bill for Compensation for Neurological Birth Defects

Babies born with birth-related neurological defects will require years of medical treatment and other assistance. Needless to say, there can be devastating consequences on the infant's as well as the family's life. When such an injury is caused by medical negligence or malpractice, it is important for parents to seek legal assistance to protect their rights and make sure that they obtain compensation for damages.

Fortunately, a new bill (A.9835-b/S.7873-b) will be passed so that victims of neurological birth defects can gain the compensation they deserve. They can be provided with a court-approved receipt that entitles them to receive good compensation from the New York Medical Fund.

This will hold good for families of patients whose infants may have sustained grievous birth-related neurological injuries due to medical practice and those who may already have received a court settlement or judgment. The bill will ensure that they are given the rightful compensation they are owed.

How the Bill is Set to Work

The bill was created to amend the public health law so that future health care costs for infants with neurological birth defects resulting from medical malpractice are properly paid for by The New York State Medical Indemnity Fund. The bill will also help in remedying any flaws in the administration of the Fund and make sure that the Fund functions as it was originally intended.

The bill would increase rates of reimbursement and ensure that the review process is fair and impartial when enrollment in the Fund or a claim for medical expenses is denied. The bill would also make sure that patients of birth-related neurological injuries or defects have broader access to medical care compared to the Department of Health's recent proposition.

Enrollees in The New York State Medical Indemnity Fund are plaintiffs who have taken legal action in the form of medical malpractice claims or suits and have received judgments that deem their neurological impairments to be birth-related or have received court-approved settlements.

At present, the Fund is not providing enrollees with the care that was guaranteed to them when they were forced to give up the judgment or settlement that they received. This legislation would make changes and improvements to the fund system, thereby benefiting those who suffer birth-related neurological defects.

The Top Legal Team is at Your Disposal

If we take your case that is!

If you or a loved one has suffered neurological birth defects caused by medical malpractice, you should immediately seek the help of medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212-344-1000.

RMFW Law knows these cases are complicated but we know how to win them! If your case is viable we will devise a winning strategy for you. We will keep you informed every step of the way. Call us now, the first meeting will cost you nothing!


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