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To be covered by the NICA plan each of these requirements 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, i.e. 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).


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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.  Malpractice laws vary from state to state and are constantly changing.   If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases.

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