12 Ways to Avoid a Determination of NICA Compensability in a Medical Malpractice Case


This article by Jon Gilbert of Feldman, Fox & Morgado, P.A. pertains to NICA, a type of Florida administrative law within the medical malpractice statutes regarding neurological injuries to infants which occur during the birth process. The article discusses what makes NICA claims compensable within the jurisdiction of the Administrative Courts to which such claims are to be relegated according to state statutory law implemented by the Florida Legislature in 1988.

In dissecting the qualifications for NICA compensability, Jon Gilbert helps to identify key ways to avoid being pigeon-holed in NICA administrative courts where damages caps are significantly limited. Instead, a plaintiff’s attorney wants to keep such catastrophic injury claims before the circuit courts where a jury can hear the case and award damages accordingly. Florida Statutes §§766.301-316 provide for twelve qualifications that must be met for a claim to be properly abated to NICA court, where the case is heard solely by an Administrative Law Judge. If any one of those qualifications, each of which is addressed in detail in the article, is not met, the claim can be returned to circuit court where it is not subject to the substantial administrative damage caps.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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