Why was the NICA program created?
The NICA program was not 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 more limited no-fault compensation from the NICA program. In other words, NICA actually replaces certain types of fault-based obstetrical malpractice law suits.
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.
It costs you nothing to retain us to review your possible NICA claim. If we represent you in a NICA case our attorney fees and expenses are paid directly to us by NICA when your child is accepted into the program. this payment is on top of your award – it does not come out of your award. If your child is not accepted, you still owe us nothing for attorney’s fees or expenses. If you would prefer to try to avoid NICA and bring a medical malpractice law suit instead, we can help you with that too. We handle medical malpractice cases on a no-recovery, no-fee, no expense to you basis.
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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