What is not covered?
NICA only covers what is “medically necessary,” so families sometimes have disputes with NICA over what is really medically needed for the child and what is not. Another drawback with this program is that NICA does not pay for what might otherwise be covered by insurance or any similar private or governmental programs. Since many severely injured children in Florida are either insured or covered by other programs like Medicaid or Children’s Medical Services, in reality, while the statutory description of NICA benefits sounds great, the program frequently offers less to families than first meets the eye, and it may offer substantially less than what could be recovered in a traditional medical malpractice case arising out of the birth injuries.
There are very significant elements of damages that NICA never covers under any circumstances and the child and family just forfeit by the loss of the ability to file a malpractice claim. These forfeited elements of damages include things like compensation for pain, mental anguish, disfigurement, loss of ability to enjoy life, and the economic losses from the inability of the injured child to ever be able to work for a living. These damages (that NICA will never pay) can run into the millions of dollars for a catastrophically injured child.
On the other hand, every case should be considered on its own facts, and the fact that these days many obstetricians are opting for no or minimal malpractice insurance, for some families, NICA is a very good program.
Serving All of Florida
608 E. Central Blvd.
Orlando, Florida 32801
Phone: (407) 843-0126
Toll Free: 1-800-974-4929
2202 North West Shore Blvd.
Tampa, Florida 33607
Toll Free: 1-800-974-4929
10151 Deerwood Park Blvd. Bld. 200, Suite 250 Jacksonville, Florida 32256 Local Phone: 904-371-3518 Toll Free: 1-800-974-4929
1101 Miranda Lane Suite 131 Kissimmee, FL 34741 Local Phone: 407-8430126 Toll Free: 1-800-974-4929
We handle NICA and birth injury malpractice cases throughout Florida. While our firm started in Orlando and our main office is still there, in order to serve our statewide clients better we also maintain locations in several major cities to make it easier for us to handle cases statewide, and easier for you to consult with us for your case. In some geographic areas we may also associate with another local law firm to serve you better. Any such association would be at no additional attorney fees or expenses charged to you. By reading the information on this site you do not establish an attorney-client relationship with us. If you think you may have a valid case you should promptly retain us or another experienced medical malpractice firm to protect your rights.
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