Can I Get NICA Benefits and Still Sue?

If you do file a NICA claim and recover any NICA benefits at all, you are not permitted to bring a medical malpractice claim for the other categories of damages which occurred during the birthing process.  In other words, if your doctor is a member of NICA and your baby’s injuries meet the criteria for NICA, are limited to NICA benefits and no more.  Once you file for and accept those NICA benefits, you are prevented from recovering on a malpractice claim.

If you would like our free opinion on whether you have an option to avoid NICA and bring a medical malpractice suit please feel free to call or email us.