In an unfortunate turn of events, a law recently passed in New York State prevents severely injured children from recovering the cost of their future care from the negligent doctor’s insurance company – even if the case is proven to be medical malpractice. These injured children will also be unable to control the health care decisions recommended by their doctors and therapists. The State of New York will instead make these decisions under its New York Medical Indemnity Fund.
The obligation to pay for the negligent doctors’ mistakes will now be carried by taxpayers and a tax on obstetric services provided by hospitals.
It will still be up the family of the injured child to prove in court that they were victims of medical negligence, with all the costs that go along with such a venture, to even become eligible for the fund. If they prove themselves victims of malpractice, then the Fund will determine what treatment they need, regardless of the family’s wishes or the advice of the child’s physician.
This drastic change in malpractice liability is almost unbelievable in its cruelty towards the most innocent of victims.
Is your child a victim of birth defects or birth trauma because of medical malpractice? How do you feel about the changes created by this new law?
Cappolino Dodd Krebs LLP – birth trauma lawyers
