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Birth Injury Eligibility to Alternative Program to Avoid Med Mal Lawsuit not Acceptable


Legal payments may be blocked in one state’s birth-injury program; a saving for the state, but potential anguish for the parents who will be unable to sue for med mal, said a New York Medical Malpractice Lawyer.

In a case that made headlines, a state commission reversed an earlier decision to allow the birth-injury program to pay defense lawyers who were seeking to have a dead child accepted into the program. Evidently, a child who had died shortly after birth, under the care of a local obstetrician, was deemed qualified for benefits under the birth-injury program. Parents in The Bronx and Queens could claim up to $100,000 from the program. However, the fact that the child qualified, meant that a separate medical malpractice lawsuit against the obstetrician for millions was ended.

The state’s attorney general pointed out that program funding was not to be used to pay lawyers who were trying to avoid exposure to med mal lawsuits for their clients. In other words, the eligibility issue was not to protect the interests of the dead child, but to ensure the negligence doctor was not sued for medical malpractice, explained the Doctor.

In a nutshell, defense lawyers are being told that they have no business seeking compensation from the program. Although the malpractice lawsuit for birth injuries was barred because of the child’s admission to the birth-injury program, this will not stop any malpractice action for injuries incurred by the mother at birth, added the NYC Medical Malpractice Lawyer.

In any situation where you feel you have been a victim of a birth-injury, contact an experienced New York Medical Malpractice Attorney to find out what rules apply in your state. Not only do you need to know the rules, but you need to know your rights and what to expect should your New York Medical Malpractice Attorney file a lawsuit on your behalf.The firm of Stephen Bilkis & Associates and its New York Medical Malpractice Lawyers with convenient locations in the New York Metropolitan Area, including Brooklyn, NY, can be of invaluable assistance to you if you find yourself a victim of medical malpractice. Enduring pain, disfigurement and financial anguish without professional representation is not the path you should choose.

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