Enacts the New York birth-related neurological impairment compensation act

1 Co-sponsor

• William J. Larkin Jr.

BILL NUMBER:S2444

Title of bill

An act to amend the public health law, in relation to enacting the New York birth-related neurological injury compensation act

Purpose

To establish a program which would provide compensation to the families of infants who suffer neurological injury at birth.

Summary of provisions

This bill would establish a program whereby families of infants who are neurologically injured at birth would, instead of suing the physician in a negligence action, file a claim with the New York Birth Related Neurological Injury Compensation Program. The claims would be evaluated by an administrative law judge. If the injury is found to fall within the defined scope of neurological injuries, the families would be compensated by the fund, It is similar to a no-fault system.

Justification

One of the reasons for high malpractice insurance premiums are the large jury verdicts that are awarded in cases of neurological injury to infants. This bill separates these cases from the arena of medical malpractice. What is created in effect is analogous to a no fault system, A plaintiff who has suffered neurological injury would, instead of proceeding in a lawsuit against the physician, file a claim. If the injury falls within the class to be compensated, the infant will receive medical expenses, loss of earnings from age 18, and attorney fees from the fund No negligence need be proven and the physician's own medical malpractice insurance is not involved. In a manner of speaking, the fund is a "mini-insurance." It lessens the burden on the medical malpractice carriers which may decrease rates and provides an efficient method for recovery for the plaintiff.

Legislative history

S.6744 of 2009-2010 S.4997 of 2007-2008 S.5411 of 1999-2000 S.4356 of 1997-1998

Fiscal implications

None.

Effective date

This act shall take effect immediately.