To Be Covered By
The NICA Plan Each Of These Reuirements Must Be Met:

1. An obstetrician who attended the delivery must be a member of NICA at the time of the delivery;
2. The baby must be born alive and in a hospital;
3. The baby must have weighed at least 2500 grams (about 5.5 pounds) at birth (2000 grams for multiple gestation)
4. The baby must have suffered injury to the brain or spinal cord caused by oxygen deprivation or mechanical injury;
5. The injury must have occurred during labor, during delivery, or during resuscitation right after birth; and
6. The baby's injury must include severe and permanent physical AND mental impairments or death.

Florida Birth-Related Neurological Injury Compensation Plan (NICA)

The Birth-Related Neurological Injury Compensation Act (NICA) was created in 1988 by the Florida legislature to pay for the care of infants born with certain neurological injuries.

Although well intentioned, there can be problems with NICA, including a lack of clarity about what is and isn’t covered, and narrow guidelines about what kinds of injuries are eligible.

NICA decisions can sometimes be arbitrary, especially with regard to what they consider “medically necessary” and “reasonable” for the child. This can end up in disputes about the child’s care, and denial of expenses based on what is covered by other insurance policies. Because no compensation is offered for intangible losses like pain and suffering, disfigurement, inability to ever work or earn a living, etc. NICA isn’t always your best recourse.

If you accept a NICA settlement for your child, you may be prohibited from collecting damages and compensation or filing other claims that could offer you better security and care for your child now and in the future.

Before accepting a NICA settlement, it is best to talk with an experienced NICA attorney. We will be able to advise you whether a NICA settlement is truly in your best interest and the best interest of your injured child, or whether other options available to you would be better.

We can also help you obtain the maximum benefits you are entitled to. For example:

• We successfully obtained the maximum NICA benefits for a child who was brain damaged at birth. The family had been turned down by at least ten other law firms in seeking these benefits before we agreed to help them and prevailed on their behalf.
• A child was accepted by NICA, Florida's medical payment plan by litigation over a legal definition of the enabling requirements. The child was awarded lifetime coverage.

If you have a child who was injured at birth and you are seeking information about NICA benefits, please call or e-mail our Florida NICA attorneys for more information.

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The above are just a few examples of the kinds of medical malpractice cases we represent. If you or a loved one has suffered injury or damage as a result of improper medical care, please call or e-mail us to discuss your case with one of our experienced Florida medical malpractice attorneys.

(800) 235-7060

Contact Us

Wooten, Honeywell, Kimbrough, Gibson, Doherty & Normand
Professional Association
236 S. Lucerne Circle at Delaney
Orlando, FL 32801