The NICA program was not created to provide benefits to families with injured children. The program was primarily designed to shield obstetricians and hospitals from liability for causing catastrophic injuries to newborn babies because of negligence during labor and delivery. The statute gives obstetricians, hospitals, and other healthcare providers immunity from being sued in certain situations, and replaces the family’s right to file a medical malpractice law suit with the right to recover more limited no-fault compensation from the NICA program. In other words, NICA actually replaces certain types of fault-based obstetrical malpractice law suits.
To recover NICA benefits a family must file an administrative claim for the benefits with the Florida Department of Administrative Hearings and prove, among other things, that the injuries occurred at (or very near) the time of birth. But the family does not have to prove that the injuries were caused by negligence of the obstetr
It costs you nothing to retain us to review your possible NICA claim. If we represent you in a NICA case our attorney fees and expenses are paid directly to us by NICA when your child is accepted into the program. this payment is on top of your award – it does not come out of your award. If your child is not accepted, you still owe us nothing for attorney’s fees or expenses. If you would prefer to try to avoid NICA and bring a medical malpractice law suit instead, we can help you with that too. We handle medical malpractice cases on a no-recovery, no-fee, no expense to you basis.