Birth-Related Neurological Injury in Florida – What If Your Child Is Injured?

What is the Florida Birth-Related Neurological Injury Compensation Association?

NICA is an acronym that stands for Neurological Injury Compensation Act. “The Florida Birth-Related Neurological Injury Compensation Association (NICA) was created by the Florida Legislature in 1988. NICA is a statutory organization that manages the Florida Birth Related Neurological Injury Compensation Plan ("Plan") used to pay for the care of infants born with certain neurological injuries. This Plan is available to eligible families statewide without litigation. By eliminating costly legal proceedings, and through professional management of its disbursements, NICA ensures that birth-injured infants receive the care they need while reducing the financial burden on medical providers and families.” http://www.nica.com/what-is-nica.html

The Plan provides a wide range of benefits to a child who has sustained a brain or spinal cord injury caused by oxygen deprivation or mechanical injury during labor, delivery, or in the immediate post-delivery period. See: Section 766.302(2), Florida Statutes.

NICA says it’s “Mission is Three-Fold” by claiming to: to encourage physicians to practice obstetrics and make obstetrical services available to patients; to stabilize and help make malpractice insurance available to all physicians; and to provide needed care to injured children.

What NICA really is, is just another attempt to chip away at an injured individual’s right (patient) to hold the person (doctor) that hurt them responsible for his or her actions. It is a no-fault system that provides that if certain situations regarding notice and type of injury are met, an injured child may be deprived of his or her right to sue, and instead be given a nominal amount of money by the state. The amount of money never matches the actual amount required to raise and properly care for a child/adult with neurological injuries. The lawyers for the insurance companies and medical profession know this, and they try to thrust NICA on these parents that bring claims on behalf of their children’s lives who have been severely changed due to the mistake of someone else.

In most all cases the system is unfair and the results are clearly inadequate. There are experienced medical malpractice lawyers who can fight the application of NICA. It is important to find a lawyer that knows the system and can protect your rights. There are many specific requirements that must be met for NICA to apply. If any one of them is missing, your NICA claim may be dismissed.

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