Health Insurance & Medical Costs · Surprise rank #231
Birth-Related Neurological Injury in a NY Malpractice Case? The Medical Indemnity Fund Can Pay Future Health-Care Costs
New York’s Medical Indemnity Fund pays qualifying future health-care costs for people with legally defined birth-related neurological injuries after an eligible malpractice settlement or judgment.
Who
A person deemed in a court-approved settlement or found in a judgment to have sustained a statutory birth-related neurological injury.
Where: New York State qualifying medical-malpractice cases
What to do
Start here: If the case qualifies, have the attorney or authorized representative review the NYS Medical Indemnity Fund application and required judgment/settlement documentation.
Eligibility: A court-approved settlement or judgment must establish the qualifying birth-related neurological injury and the applicant must complete the fund enrollment process.
What you get
The fund is a payment source for future qualifying health-care costs associated with a birth-related neurological injury in eligible medical-malpractice cases.
Benefit: Payment of qualifying future medical and health-care expenses through the fund rather than treating the program as a general cash award.
Possible value: Potentially very high over a lifetime for people with extensive medical needs, but payments depend on covered services and the individual case.
Good to know
Important: This is not a general program for any birth injury and not an ordinary public-benefit application. Eligibility is tied to a qualifying medical-malpractice judgment or court-approved settlement.
Availability: Active
Why people miss it: Families may focus entirely on the malpractice settlement and not understand that qualifying future medical expenses can be handled through a separate state fund.
Sources reviewed: Aug 10, 2026