N.Y. Public Health Law § 2999-h: Definitions

§ 2999-h. Definitions. As used in this title, unless the context or

subject matter requires otherwise:

1. "Birth-related neurological injury" means an injury to the brain or

spinal cord of a live infant caused by the deprivation of oxygen or

mechanical injury occurring in the course of labor, delivery or

resuscitation, or by other medical services provided or not provided

during delivery admission, that rendered the infant with a permanent and

substantial motor impairment or with a developmental disability as that

term is defined by section 1.03 of the mental hygiene law, or both. This

definition shall apply to live births only.

2. "Fund" means the New York state medical indemnity fund.

3. "Qualifying health care costs" means the future medical, hospital,

surgical, nursing, dental, rehabilitation, habilitation, respite,

custodial, durable medical equipment, home modifications, assistive

technology, vehicle modifications, transportation for purposes of health

care related appointments, prescription and non-prescription

medications, and other health care costs actually incurred for services

rendered to and supplies utilized by qualified plaintiffs, which are

necessary to meet their health care needs, as determined by their

treating physicians, physician assistants, or nurse practitioners and as

otherwise defined by the commissioner in regulation.

4. "Qualified plaintiff" means every plaintiff or claimant who (i) has

been found by a jury or court to have sustained a birth-related

neurological injury as the result of medical malpractice, or (ii) has

sustained a birth-related neurological injury as the result of alleged

medical malpractice, and has settled his or her lawsuit or claim

therefor; and (iii) has been ordered to be enrolled in the fund by a

court in New York state.