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Tampa Personal Injury Blogs from December, 2011

Medical Malpractice Involving Infant Neurological Injuries


Medical Malpractice Involving Infant Neurological Injuries

In Florida, any newborn infant that sustains a neurological injury during birth is subject to statutorily capped damages pursuant to Sections 766.301 – 766.316. The Florida Birth Related Neurological Injury Compensation Association (NICA) was created in 1988 for the sole purpose of managing cases involving birth-related neurological injuries to infants. Cases that fall subject to NICA have a cap placed upon the recoverable damages, which are a maximum of $100,000.00 regardless of the nature of the injury and a maximum of $10,000.00 if the incident caused the infant’s death. (See Section 766.31, Florida Statutes). Our Tampa Medical Malpractice Attorneys have represented parents and guardians who have had children injured through the medical negligence of a trusted healthcare provider.

Because the available damages under a NICA controlled case are significantly limited, it can be advantageous to have the case removed from NICA. In those situations, the party must seek a determination in the administrative courts as to whether the case is NICA compensable. If the administrative law judge determines the case is NICA-compensable, it cannot be removed to civil court. If, however, the case is determined not to be NICA-compensable, it can be removed from the administrative system and can be tried in the civil court system where the damages can be much more substantial because the NICA damages would not apply to the case. In order to determine whether the case could be removed from NICA, there are several factors that must be carefully considered.

Our attorneys have litigated numerous claims involving medical malpractice. If you have reason to believe you or a loved one may have sustained harm or injury as the direct result of medical negligence, please contact us, your Tampa Personal Injury Attorneys.

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