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Case Involves Medical Indemnity Fund for Medical Malpractice Case


Birth Injury 126

The plaintiffs of this particular case are Miles Mendez, who is an infant, who is represented by his natural guardian and mother, Melina Mendez, and Melina Mendez individually. The defendant of the case is the New York and Presbyterian Hospital.

Case Facts

The plaintiffs in the case claim that the medical staff at the hospital where their son, Miles Mendez, was born failed to deliver him by cesarean even though the fetal monitors suggested a hypoxic event. Additionally, a New York Injury Lawyer said the plaintiffs claim that the while attempting to deliver Miles vaginally, they used forceps unsuccessfully and fractured the right temple of the skull, which caused a bleed in the temporal area of the infant’s brain. While the plaintiffs do assert that the infant was ultimately delivered through a cesarean section, but not before the infant suffered a traumatic injury and a hypoxic event.

Dr. Ingrid Taff, a pediatric neurologist from Presbyterian Hospital issued a report that states Miles Mendez is sixteen months old and has microcephaly, Cerebal Palsy, and a global developmental delay. Both parties agree that Miles Mendez is severely damaged, unemployable, and will require custodial or home assistance for his entire life.

Case Discussion

The previous medical malpracticeaction was awarded to Miles Mendez in the amount of $5,500,000. The infant’s order of compromise was recently finished. This case is to determine the application of the statute referred to as the New York Medical Indemnity Fund and how the settlement will be allocated.

This particular case is considered a “baby case” as it involves the medical personnel in charge of delivering an infant. The parties in this case agree that this particular case is subject to provisions that were set by the Medical Indemnity Fund. This fund was enacted in order to lower the costs of premiums for insurance coverage in medical malpractice suits.

In order for this goal to be achieved, the defendants are relieved from having to pay the medical expenses in a malpractice suit in specific types of obstetrical actions. The statute mandates that the plaintiffs must be part of a program that will pay for health expenses as they occur. Additionally, the plaintiffs must first use their private insurance before using the Fund.

The Fund will pay for any future hospital, medical, dental, nursing, surgical, custodial, rehabilitation, home modifications, vehicle modifications, assistive technology, and all medications that are obligatory to meet the healthcare needs of the plaintiff that qualifies. A Westcheter County Personal Injury Lawyer said any action that is covered by the Fund, the courts must amend certain settlement agreements to comply with the terms of the Statute.

A Suffolk County Personal Injury Lawyer said tht in this particular case the plaintiffs were awarded a sum of $5,500,000 and the attorney fees are based on this amount. This comes to $700,000 for the lawyers of the case. In Fund cases the defendant will pay a part of the legal fees in the case and damages that are not medical expenses will be paid in a lump sum in cash.

For this case the parties have both agreed to the settlement being divided 50/50. This means that 50% for non fund damages and 50% for fund damages. This has been approved by the court.

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