The Winds of Medical Malpractice Reform, Part III

       In today’s Daily News the head of Mount Sinai Hospital writes that there is both good and bad in the recent round of medical malpractice “reforms”.  

As for the bad, Dr. Kenneth L. Davis decries the scuttling of the proposed cap of $250,000 for pain and suffering.  It is natural for a hospital CEO to want damage caps.

However, Dr. Davis finds good things.

One is the real possibility of a reduction in hospital malpractice insurance premiums.  If this comes to pass, this is a good thing.

The second good thing is the creation of the Neurologically Impaired Infants’ Fund.  It appears that parents of so-called brain-damaged infants would not be able to bring suit and that their sole recourse would be a claim to the NIIF for medical, education, and rehabilitation expenses.

We see the NIIF as a bad thing in that it eliminates the parents’ rights to seek full redress for injuries to their seriously injured children. 

The ramifications of the NIIF remain to be seen.  It seems to be in the conceptual stage.  The “who, where, and what” of what is covered has yet to established.  On this score it is a “wait and see” game while the Legislature works on the details.

If you have been injured by medical malpractice or negligence, please feel free to contact me for a free consultation at 800-581-1434 or write to

Mark E. Seitelman, 3/30/11,


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