New York Medical Indemnity Fund Law Analysis Published in the Albany Law Journal of Science & Technology

Albany, New York attorney, Michael W. Kessler, has authored what appears to be the first comprehensive analysis of the New York Medical Indemnity Fund to be published in a law review. “The New York Medical Indemnity Fund: Rewarding Tortfeasors Who Cause Birth Injuries by Rationing Care to Their Victims,” is the lead article in the current issue of the Albany Law Journal of Science & Technology. The article was co-authored by Matt Fahrenkopf, a 2012 graduate of Albany Law School.

The New York Medical Indemnity Fund was created by the Legislature in 2011. It prevents children who have suffered neurologic impairment at birth from recovering the cost of their future medical care from the physician or hospital who were proven to have negligently caused the child’s injury. The article focuses on the practical and legal aspects of administering the Fund, how it may impact the care that the children who are enrolled in it will receive, and the constitutional issues that are raised by limiting the recoveries of these children.

Mr. Kessler is a member of the Albany, New York personal injury law firm of Rosenblum and Partners, LLP.. He is Board Certified in medical malpractice law by the American Board of Professional Liability Attorneys. He limits his practice to representing catastrophically injured plaintiffs.

In addition to the published written version, (22 Alb. L.J. Sci. & Tech 175) the article can be found in its entirely on line on the website of the Albany Law Journal of Science & Technology (