The whole point of the NICA program is that if the baby’s injuries fit the narrow definitions and qualify for the NICA plan, then the hospital and every doctor and nurse caring for the mom and baby at birth are immune from malpractice liability and may not be sued for damages. With only a few exceptions, the family’s only recourse is to apply for NICA benefits. These exceptions can be very tricky. Please feel free to email or call us if you want our free opinion on whether you may fit under an exception to the NICA plan.