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  • The New York State Medical Indemnity Fund: Rewarding Tortfeasors who Cause Birth Injuries by Rationing Care to their Victims

    For many years New York’s medical community has asserted that increased medical malpractice insurance premiums have contributed to driving up the cost of medical care.1 Whether or not this is true,2 it is unquestioned that when a child suffers a severe neurologic injury at birth, the cost of caring for that child (who will eventually become an adult and may live for fifty years or more) can be enormous. It has been argued, that because of this enormous cost, malpractice verdicts and settlements arising from birth trauma, as compared to other causes of medical malpractice, contributes disproportionally to “high” malpractice costs paid by hospitals and obstetricians.