A Step-By-Step Guide to Filing Florida NICA Claims: What Parents Need to Know

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A Step-By-Step Guide to Filing Florida NICA Claims: What Parents Need to Know

Date: 24 October 2023 | Blog | Birth Injury | By: Sanga Turnbull

Navigating the complex world of medical care and compensation following a birth-related neurological injury can be overwhelming. That’s why the Florida Birth-Related Neurological Injury Compensation Act (NICA) exists—to provide a streamlined process for families to seek compensation without having to establish medical negligence. In this blog post, we offer a step-by-step guide to filing a NICA claim, including specific examples to clarify each step of the way.

Step 1: Determine Eligibility

What to Do: The first thing to check is whether your situation meets the eligibility criteria set by NICA. This typically includes ensuring the injury is neurological, sustained during birth or immediate resuscitation, and that the attending obstetrician was a member of NICA at the time of delivery.

Example: Let's say your child suffered from lack of oxygen during birth, resulting in cerebral palsy. If your obstetrician was a member of NICA, and the injury occurred during labor or immediate resuscitation, your case would likely be eligible.

Step 2: Gather Medical Records

What to Do: Collect all pertinent medical records that document the injury, the circumstances of the birth, and any subsequent treatments or diagnoses.

Example: This could include hospital charts, test results, doctor’s notes, and any medical interventions or medications prescribed post-birth.

Step 3: Contact an Experienced Attorney

What to Do: Consulting with an attorney who specializes in NICA claims is crucial for proper guidance and representation. They can help you understand if your case qualifies and assist in the paperwork.

Example: Suppose you're unsure about your eligibility. An experienced attorney can review your medical records and give you advice tailored to your specific circumstances.

Step 4: File the Administrative Claim

What to Do: Your attorney will help you file an administrative claim. This claim is the official start to your NICA case.

Example: Your attorney will fill out the required forms, attach your medical records, and submit the package to the NICA office.

Step 5: Wait for NICA's Response

What to Do: Once the administrative claim is filed, NICA will evaluate the case to determine if it meets the Act’s criteria.

Example: NICA might ask for additional documentation or clarifications. Comply promptly to keep the process moving.

Step 6: Review of Compensation Details

What to Do: If your claim is accepted, NICA will outline the compensation you are eligible for. This often includes medical expenses, care costs, and even a one-time payment of $100,000.

Example: Let's say your child requires special equipment for mobility and regular physical therapy. NICA would provide a detailed list of what expenses are covered and how reimbursements or direct payments will work.

Step 7: Acceptance or Appeal

What to Do: After reviewing NICA’s offer, you can either accept it or appeal if you believe the compensation is insufficient.

Example: If you believe that the offer is insufficient to cover future medical treatments, you have the right to appeal. Your attorney can guide you through this process.

Conclusion

Filing a NICA claim in Florida involves multiple steps, but with the right preparation and legal guidance, it can be a straightforward process. This guide aims to ease your journey through the NICA claims process, but always consult an attorney for personalized advice tailored to your unique situation.

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