The ” (NICA) was created by the Florida legislature in 1988 as an alternative to medical malpractice claims for birth-related neurological injuries such as “. This no-fault alternative to litigation for compensation after a catastrophic neurologic birth injury has more restrictive benefits than tort law remedies, but you are not required to prove medical malpractice when you file your claim. This plan was created to benefit your injured infant as well as your family in the event of a neurological birth injury.
This is the only remedy available in cases in which your delivery or post-delivery services were provided by a NICA-participating doctor or nurse-midwife. Participating physicians and nurse-midwives must pay an annual assessment to be covered by NICA. One issue that arises in cases to determine whether you are required to file for benefits under the plan is whether the mother was properly notified regarding the plan.
However, nonparticipating licensed physicians pay into the NICA fund as well-in these cases you may pursue damages through NICA as well as with a medical malpractice claim.
Another issue that may cause you to seek assistance under NICA is the push to lower cesarean section rates by attempting vaginal birth after cesarean section. This is a risky attempt to keep cesarean section rates low because it seems to increase the frequency of catastrophic birth injuries.
If your child has been the victim of a neurological birth injury in Orlando, or anywhere in Florida, ” Colling Gilbert Wright & Carter today. Our experienced Florida NICA Claims attorneys will evaluate your claim for free and represent you on a contingent fee basis, which means you don’t have to pay any attorneys’ fees until you recover on your claim.