Compensation for Birth Injuries Under the Florida NICA Program

The Florida Birth-Related Neurological Injury Compensation Plan (NICA) is a state program established to provide compensation and care for children who sustain certain birth-related neurological injuries. Here are some key points about the NICA plan:

Eligibility: The program covers birth-related neurological injuries that occur during labor, delivery, or the immediate post-delivery period in a hospital. The injuries must cause significant physical and mental impairment. Most typically, the injuries are diagnosed as HIE (Hypoxic-ischemic Encephalopathy) and cerebral palsy.

1. No-Fault System: NICA operates as a no-fault system, meaning parents do not need to prove medical malpractice to receive benefits. This helps to reduce the costs and time associated with traditional malpractice lawsuits.
2. Benefits: The program provides for the actual expenses for necessary and reasonable care, services, drugs, equipment, facilities, and travel. If the injuries are so severe that the baby died, there is compensation for the parents for there loss, although on a smaller level.
3. Lifetime Care: Once a claim is accepted by NICA, the program provides lifetime care for the child, which can include medical expenses, hospitalizations, medications, equipment, and even transportation for medical purposes.
4. Financial Support: Families accepted into the NICA program receive an initial cash award. The program also provides for medically necessary expenses throughout the child’s lifetime.
5. Legal Proceedings: If the baby qualifies for NICA and the obstetrician is a NICA participant, the family loses their right to pursue a traditional malpractice lawsuit.

The NICA program is designed to help families who are dealing with significant birth-related neurological injuries by providing financial support and resources for care. It also helps to protect medical providers from costly malpractice laws

More Obstetrical Malpractice Birth Injury Information:
Read about Obstetrical Malpractice in Florida: Guide for parents.
Read about $12 million Federal Tort Claims Act (FTCA) recovery in Florida birth injury case.
Read about Florida Supreme Court striking down obstetrician’s “mandatory” patient arbitration agreement.
Read about new Florida law allowing C-sections outside of hospitals.
Read about Appellate court upholding baby weight distinctions in Florida’s NICA program.
Read about University of Miami Hospital being denied immunity under Florida’s NICA program.