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If my infant child suffers a neurological injury after delivery in the hospital nursery, does Florida's NICA plan prevent me from filing a negligence claim?

 

Below is one of the common questions many clients have when they first contact Zimmet & Quarles. The answer may address many initial concerns you may have. If you don't find the answer here, or simply want more information, you should contact us for answers to your specific questions. Our initial consultation is free of charge.

A: Maybe. If Florida's NICA plan covers your case, you cannot file a negligcence claim against a doctor or other medical provider. Florida law now says that NICA covers injuries sustained in the "immediate postdelivery period in a hospital." The question is how many hours, minutes or days after delivery is considered the "immediate postdelivery period?" Court cases have ruled that even that depends on the child's condition. If the child is delivered with a life-threatening condition and does not stabilize before suffering a neurological injury, then the immedate postdelivery period includes an "extended period of days." At least one case has considered that period to be seven days.

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