§ 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.