NICA Claims

ICA Claims refers to the Florida Birth-Related Neurological Compensation Act passed in 1988. This program is an alternative to medical malpractice suits for obstetrician negligence resulting in birth defects and other injuries to newborn children. In essence the program is designed to shield OBGYNs and hospitals from liability for causing catastrophic injuries to newborn babies due to negligence during labor and delivery. The Act gives hospitals and doctors immunity from being sued by families who have a child who suffered birth defects due to negligence. Instead the family can seek compensation from the NICA program.

When a family has a child with birth defects, it is difficult to know the proper course of action. It is vital to talk to an attorney about the facts of your negligence case. It might be better to pursue a medical malpractice claim than to settle for the NICA Program. Only an experienced attorney can guide you through the process of filing an administrative claim for NICA compensation or filing a medical malpractice suit.

Florida NICA Claim Attorneys

Lisa Levine focuses in the areas of medical malpractice that affect women, including failure to diagnose breast and cervical cancer, plastic surgery errors, birth injuries, delivery room negligence and defective drugs used by women. She prides herself on her dedication to women’s health issues, and has been featured on Good Morning America and NBC News.

Mark Glassman focuses a great deal of his practices on injuries resulting from defective and dangerous drugs, as well as pharmaceutical litigation, and wrongful death litigation. Mr. Glassman has been involved in pharmaceutical cases involving the infamous diet drug, Fen-Phen, and his cases have been highlighted in professional journals such as The Daily Business Review and Contractor Magazine.

NICA Information Center

• How do I file a NICA Claim?
• Who is eligible to file an NICA Claim?
• What does NICA cover?
• What does NICA not cover?
• How we can help

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How do I file a NICA Claim?

The first step is to seek the advice of a licensed medical malpractice attorney. It is best for an attorney to file the NICA claim with the Florida Department of Administration Hearings and handle the administrative procedure that follows. You must prove that the injuries occurred at the time of birth or close to the time of the birth. The family does not have to prove the injuries were caused by negligence so in this way the burden of proof is lower than in a medical malpractice case.

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Who is eligible to file a NICA claim?

The NICA Act has specific guidelines to determine which birth defects are eligible for possible compensation. The criteria are as follows:

1. OBGYN must be a member of NICA at the time of the delivery
2. The baby must be born alive in the hospital
3. The baby must weigh at least 5.5 pounds
4. The baby must have suffered brain or spinal code injury due to oxygen deprivation or mechanical injury
5. The injury must have occurred during labor or delivery or during resuscitation right after birth
6. The baby’s injury must include severe and permanent physical and mental impairments or death

The NICA Program only covers a very narrow section of negligent birth injuries. Basically the baby must be full term and healthy, but then become severely injured during child birth. Also the baby’s injuries must be extremely severe to qualify under the NICA Act.

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What does NICA cover?

NICA will only pay for medically necessary and reasonable care for the life of the injured child such as:

• Rehabilitative care and training
• Family or Custodial Care
• Medically necessary drugs and equipment

It is possible for the parents to receive a one-time payment of up to $100,000 for death benefits and attorney’s fees.

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What does NICA not cover?

The NICA Act will not cover expenses deemed unreasonable or not medically necessary. NICA will also not cover pain and suffering and other punitive damages.

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How we can help

It is a tough decision for a family to make on whether to choose the administrative remedy or sue for medical malpractice. You cannot apply for NICA and then later on sue the doctors and hospital for medical malpractice. Because NICA only provides compensation for “medically necessary” care you might still have outstanding medical bills for treatments deemed "unnecsary by the administration. It is important to talk to a lawyer about your options so you can make the best decision for your child.

The attorneys at Levine & Glassman, P.A., are experienced and knowledgeable about all kinds of malpractice law, including OBGYN Negligence. We will take the time to listen to your concerns and give your case the attention it deserves. If you have been injured due to OBGYN Negligence, you have a limited time to file your claim. You should call (954) 332-6100 or fill out our online case evaluation form immediately to schedule your free consultation.

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Resources

Official NICA website - Explains about eligibility and funding for the program

Levine & Glassman, P.A. | Florida NICA Claim Attorneys

If your child has suffered birth defects and you are considering a NICA claim, you need to ensure you are well represented. The complications suffered could have been avoided and may have lasting consequences that can affect the quality of life for years to come. The attorneys at Levine & Glassman are experienced medical malpractice attorneys and are able to ensure that you are guided thorough the administrative NICA process. If you are anywhere in Florida, including: Fort Lauderdale, Miami, West Palm Beach, Boca Raton, or the surrounding areas of Broward, Miami-Dade, or Palm Beach counties, contact Levine & Glassman for an analysis of your medical malpractice case.