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IS MY CHILD COVERED?
FREQUENTLY ASKED QUESTIONS
NICA STATUTES
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If you do file a NICA claim and recover any NICA benefits at
all, you are not supposed to be able to bring a medical malpractice claim for the other
categories of damages which occurred during the birthing process. In other words, if your doctor is a member of
NICA and your baby's injuries meet the criteria for NICA to apply, you are
supposed to be limited to just the limited NICA benefits and no more.
Once you file for and accept those NICA benefits, you are prevented from
recovering on a malpractice claim. On the other hand, there may be some
exceptions, and you could possibly recover on a malpractice claim instead of NICA, or
even recover on a malpractice claim AND also get NICA benefits to
supplement that malpractice recovery. The law on this point is
unsettled and possibly changing so you should talk to
a malpractice lawyer about this issue and how it might apply to your
specific case.
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Serving All of Florida - Free Consultation
No Fee or Expenses
Unless Recovery is Obtained
ORLANDO
390 North Orange Avenue
Suite 140
Orlando, Florida 32801
Phone: (407) 843-0126
Fax: (407) 849-1267
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TAMPA BAY
2202 North West Shore Blvd.
Suite 200
Tampa, Florida 33607
Phone: 813-639-7644
Fax: 813-639-7645
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JACKSONVILLE
10151 Deerwood Park Blvd.
Bld. 200, Suite 250
Jacksonville, Florida 32256
Phone: 904-371-3518
Fax:
904-371-3519
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FT. LAUDERDALE
110 E. Broward Blvd.
Suite 1700
Fort Lauderdale, Florida 33301
Phone: 954- 315- 3839
Fax: 954-315- 3840
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This
site contains only
general background information and is not intended to constitute specific legal advice or
establish an attorney/client relationship. NICA laws are constantly changing. If you think you may have a
NICA claim you
should promptly contact a lawyer experienced in handling NICA matters.
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Copyright
2006-2007 - McMillen
Law Firm * A Professional Association
All rights are reserved. No articles,
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