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What is the Medical Indemnity Fund?

By Rheingold Giuffra Ruffo Plotkin & Hellman LLP

The Medical Indemnity Fund was created to be a source of funding for the future medical costs for plaintiffs who suffered a birth injury during delivery. It is designed to provide assistance for “qualified plaintiffs” throughout their lifetime to defray some of their medical bills. It also attempts to lower the costs associated with litigation throughout the healthcare system. The Fund provides a method of support however it is likely insufficient on its own. Most government programs lack the funding to provide all of the care that your child will require.

The Fund will reimburse for the following medical expenses:

  • Medical treatment.
  • Assistive technology.
  • Home modifications.
  • Dental care.
  • Nursing care.
  • Hospital-based care.
  • Rehabilitative care.
  • Medications, both prescription and non-prescription.
  • Medical equipment.
  • Custodial care.

A qualified plaintiff is anyone who is authorized to act on behalf of the plaintiff (including guardians and parents). It is also any defendant in a medical malpractice case that results in a court-approved judgment or settlement may also submit an application of enrollment for a qualified plaintiff.

The Fund does require that you utilize health insurance before accessing the fund. This prevents people from double dipping the fund and their health insurance. But the Fund probably will reimburse you for out of pocket expenses not covered by health insurance. For example, health insurance may only cover 50 percent of a procedure therefore the other half might be reimbursable by the fund.

If your child was injured during the birthing process then you may have an actionable claim against the hospital or doctor. You may want to go over your situation with a lawyer to determine the best course of action. This ‘Fund’ is a possible source of financial support for your child however it likely may not be sufficient. Birth injuries can cost thousands of dollars to treat and your child may require additional care for the rest of his or her life. An attorney can help you get the compensation you need to care for your child.

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