The Florida Birth-Related Neurological Injury Compensation Act (NICA)
The Florida Birth-Related Neurological Injury Compensation Act is the exclusive means for recovery of damages for severe, birth-related injuries. The Florida Patient Compensation Fund is a state of Florida sponsored excess insurance for medical malpractice liability. The Florida Birth-Related Neurological Injury Compensation Act (NICA) provides compensation for birth-related neurological injuries without regard to the negligence of any health care provider. Fla. Stat. Ann. § 766.303 Birth-related neurological injury means:
” injury to the brain or spinal cord of a live infant weighing at least 2,500 grams at birth caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate post-delivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired. This definition shall apply to live births only and shall not include disability or death caused by genetic or congenital abnormality.” Fla. Stat. § 766.302(2). Since recovery under NICA precludes recovery by means of a medical malpractice jury trial, whether an injury meets this definition is often litigated. The definition excludes premature babies and those whose injury results from care prior to labor and delivery. A child must be both mentally and physically impaired to qualify. Florida Birth-Related Neurological Injury Compensation Ass’n v. Florida Div. of Admin. Hearings, 686 So. 2d 1349 (1997).
Medical malpractice cases can take years to resolve either by settlement or court decision. In order to help you determine what a reasonable settlement range would be or what to ask a jury to award, the attorneys must understand the law and what damages to claim.
If your claim involves injury or death of an infant against a hospital or the physician delivering the child, the attorneys at Feldman Legal Group can help you obtain the highest award from a jury allowable at law against all parties involved, or achieve a settlement for the highest sums without having to risk going to trial and losing.
Call or email us now for a FREE INITIAL CONSULTATION, and to discuss your case confidentiality. Whether the death or injury occurred in Tampa and Atlanta, we have the ability to handle the case in any State of Federal Court. Remember, you only have two years, and time is of the essence to have your case reviewed.