Navigating the Complex World of NICA: Your Guide to Compensation for Birth-Related Neurological Injuries

Navigating the Complex World of NICA: Your Guide to Compensation for Birth-Related Neurological Injuries

Date: 04 September, 2023 | Blog | Birth Injury | By: Sanga Turnbull

At Turnbull Law Firm, we recognize how critical it is to protect the rights and well-being of families and children affected by birth-related neurological injuries. This comprehensive guide explores the ins and outs of the Florida Birth Related Neurological Injury Compensation Act (NICA).

What is NICA? A Primer on Florida’s Unique Birth Injury Program

Florida Birth Related Neurological Injury Compensation Act is designed to help families whose children sustain injuries either during labor, delivery, or the immediate post-birth period, also called the resuscitation period.

How to Qualify for NICA Benefits

One of the advantages of the NICA program is its streamlined procedure for families pursuing compensation. The process sidesteps the often cumbersome requirement to prove medical fault or negligence. Instead, it concentrates on confirming that the injury happened during the birthing process. To be eligible for a NICA claim, the obstetrician in charge must have been a participating NICA member at the time of birth, and the injuries must fall within the Act’s guidelines.

Compensation Through NICA: A Holistic Support System

NICA provides a multi-faceted compensation model to offset the various challenges families endure due to birth-related neurological injuries. Through filing an administrative claim with the assistance of an attorney, families can access compensation for a range of costs like medical bills, custodial care, hospitalization, special equipment, prescription medication, and even travel expenses. Plus, NICA offers an extra $100,000 compensation to alleviate financial strain further.

Limitations and Considerations in NICA

While the NICA program offers vital support, it's crucial to be aware of its limitations. For instance, NICA will not "double-dip" by providing benefits that are already covered through personal insurance, Medicaid, or Medicare. Therefore, it’s important for families to thoroughly evaluate their unique situations before moving ahead with a claim.

NICA vs. Traditional Medical Malpractice Claims

When facing a birth-related neurological injury, families have the alternative of filing a civil lawsuit for medical malpractice instead of opting for NICA. The decision between the two routes can be intricate and calls for thoughtful consideration. Consulting with a seasoned malpractice attorney like those at Turnbull Law Firm is essential for making an informed choice.

The Mission and Benefits of NICA

NICA's mission is multi-pronged: it aims to encourage physicians to offer obstetrical services, streamline malpractice insurance availability, and ensure injured children receive adequate care. NICA offers various forms of financial support, including a one-time cash award, a death benefit, and reasonable costs for filing a claim.

Call 407.612.6464 • 863.324.3500 today to speak with an experienced Birth Injury Lawyer who proudly serves Lakeland, Orlando, and throughout the State of Florida.