If your child suffered a birth injury, you may be wondering if you have any legal options to seek compensation for your child’s medical expenses and other damages. Depending on the circumstances of your case, you may be eligible to file a claim under the Florida Birth-Related Neurological Injury Compensation Association (NICA) program, or pursue a medical malpractice lawsuit against the negligent parties. A St. Petersburg NICA birth injury lawyer from Youngblood Law Firm is here to walk you through the legal process and fight for justice on your behalf. Contact us today.
NICA Birth Injury Lawyer | Here for Your Family
Injury related to the birth of a child can be an extremely painful, emotional, and traumatic event for parents and families. If your child was born in a hospital in the state of Florida, and sustained any of the following, you may be entitled to compensation under Florida’s NICA program.
- A brain injury during labor, delivery, or resuscitation in the immediate post-delivery period.
- A spinal cord injury during labor, delivery, or resuscitation in the immediate post-delivery period.
- Rendered permanently and substantially mentally and physically impaired.
What is Florida’s NICA Program?
The Florida NICA program is a no-fault alternative to medical malpractice lawsuits for children who have sustained certain types of neurological injuries during labor, delivery, or resuscitation in the immediate post-delivery period. The program was created in 1988 by the Florida Legislature to address the medical malpractice crisis that threatened the availability and affordability of obstetrical services in the state.
The NICA program provides lifetime benefits to eligible children, such as medical care, therapy, equipment, nursing care, medication, transportation, and supplies that are medically necessary and reasonable. The program also pays an initial lump sum of $250,000 to the family upon admission to the program. The benefits are funded by assessments paid by participating physicians and hospitals, as well as by appropriations from the state.
How Long Do I Have to File a Claim Under Florida’s NICA Program?
If you believe that your child may be eligible for the NICA program, you must file a petition with the Division of Administrative Hearings within five years from the date of your child’s birth. This is a special statute of limitations that applies only to NICA claims. If you miss this deadline, your claim will be barred and you will lose your right to receive any benefits from the program.
Contact a NICA Birth Injury Lawyer Today
If your child suffered a birth injury, our compassionate and experienced legal team is here to fight for the justice you deserve. Contact a skilled St. Petersburg personal injury attorney from Youngblood Law Firm for your free case evaluation today.