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IS MY CHILD COVERED?
FREQUENTLY ASKED QUESTIONS
NICA STATUTES
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CONTACT NICA
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The NICA program was not really created
to provide benefits to families with injured children. The program
was primarily designed to shield
obstetricians and hospitals from liability for causing catastrophic
injuries to newborn babies because of negligence during labor and
delivery. The statute gives obstetricians, hospitals, and other
healthcare providers immunity from being sued in certain situations,
and replaces the family's right to file a medical malpractice law suit
with the right to recover compensation
from the NICA program. In other words, NICA actually replaces
certain types of fault-based obstetrical malpractice claims.
To recover NICA benefits a family
must file an
administrative claim for the benefits with the Florida Department of
Administrative Hearings and prove, among other things, that the injuries occurred at (or very near)
the time of birth. But the family does not have to prove that
the injuries were caused by negligence of the obstetrician or anyone
else.
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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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