§ 2999-H — Definitions

§ 2999-h. Definitions. As used in this title, unless the context or\nsubject matter requires otherwise:\n 1. "Birth-related neurological injury" means an injury to the brain or\nspinal cord of a live infant caused by the deprivation of oxygen or\nmechanical injury occurring in the course of labor, delivery or\nresuscitation, or by other medical services provided or not provided\nduring delivery admission, that rendered the infant with a permanent and\nsubstantial motor impairment or with a developmental disability as that\nterm is defined by section 1.03 of the mental hygiene law, or both. This\ndefinition shall apply to live births only.\n 2. "Fund" means the New York state medical indemnity fund.\n 3. "Qualifying health care costs" means the future medical, hospital,\nsurgical, nursing, dental, rehabilitation, habilitation, respite,\ncustodial, durable medical equipment, home modifications, assistive\ntechnology, vehicle modifications, transportation for purposes of health\ncare related appointments, prescription and non-prescription\nmedications, and other health care costs actually incurred for services\nrendered to and supplies utilized by qualified plaintiffs, which are\nnecessary to meet their health care needs, as determined by their\ntreating physicians, physician assistants, or nurse practitioners and as\notherwise defined by the commissioner in regulation.\n 4. "Qualified plaintiff" means every plaintiff or claimant who (i) has\nbeen found by a jury or court to have sustained a birth-related\nneurological injury as the result of medical malpractice, or (ii) has\nsustained a birth-related neurological injury as the result of alleged\nmedical malpractice, and has settled his or her lawsuit or claim\ntherefor; and (iii) has been ordered to be enrolled in the fund by a\ncourt in New York state.\n