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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 specific situations, and replaces the family's right to file a medical malpractice law suit with the right to recover only limited 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.  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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