The State of New York will pay for medical errors that cause birth injuries rather than hospitals or other healthcare institutions. Of course, a lawsuit will still have to be filed and the defendant party will still have to be found culpable for the birth injury, However, in those circumstances in the state of New York where a birth injury occurs and a hospital is found culpable for the injury, the state will pay for the damages.
The state funds to cover such birth injuries will come from revenues raised from cigarette and health taxes under the 1996 New York Health Care Reform Act.
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