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IS MY CHILD COVERED?
FREQUENTLY ASKED QUESTIONS
NICA STATUTES
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First, NICA will only cover what it determines to be "medically
necessary," so families sometimes have disputes with NICA over what is really medically needed for the child and what is
not. Another drawback with this program is that NICA does not pay for what might
otherwise be covered by insurance or any similar private or governmental programs.
Since many severely injured children in Florida are either insured or covered by
other programs like Medicaid or Children's Medical
Services, in reality,
while the statutory description of NICA benefits sounds great, the program
frequently offers less to families than first meets the eye.
And there are other
very significant elements of damages that NICA never covers under any
circumstances and the child and family just forfeit by the loss of the ability
to file a malpractice claim. These forfeited elements of damages
include things like compensation for pain, mental anguish, disfigurement, loss
of ability to enjoy life, and the economic losses from the inability of the
injured child to ever be able to work for a living. These damages (that
NICA will never cover) can run into the millions of dollars for a
catastrophically injured child. Every case should be considered on its own
facts, and given statutory caps on malpractice damages and the fact that these
days many obstetricians are opting for no or minimal malpractice insurance, for
some families, NICA is a very good program.
Serving All of Florida - Free Consultation
Our services are free to you because in NICA cases our attorneys' fees and any expenses we incur are paid by NICA on top of your award. In other words, our services do not reduce the amount of your recovery in any way.
ORLANDO 390 North Orange Avenue Suite 140 Orlando, Florida 32801 Phone: (407) 843-0126
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 Map and Directions | MIAMI 201 South Biscayne Blvd 28th Floor Miami, Florida 33131 Phone: 1-800-974-4929
 Map and Directions | WEST PALM BEACH 777 South Flagler Ave. Suite 800 - West Tower 4 West Palm Beach, Florida 32256 Phone: 1-800-974-4929
 Map and Directions | FORT LAUDERDALE 110 East Broward Blvd Suite 1700 Fort Lauderdale, Florida 33301 Phone: 1-800-974-4929
 Map And Directions | SARASOTA 1990 Main Street Suite 750 Sarasota, Florida 34236 Phone: 941-309-5144
 Map and Directions | ATLANTA 3455 Peachtree Road N.E. 5th Floor Atlanta, Georgia 30326 Phone: 1-800-974-4929
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This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Malpractice laws vary from state to state and are constantly changing. If you think you may have a malpractice case you should promptly contact a lawyer in your state with experience in handling malpractice cases. | Copyright 1997-2010 - McMillen Law Firm * A Professional Association All rights are reserved. No articles, notes, outlines, or other materials may be stored on the Internet or sold or placed by themselves or with other material in any written or electronic format in whole or part. However materials may be referenced by appropriate links to the site. |
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