Non-Participating OBGYN'S
Obstetrics and gynecology are two of the most rewarding fields of medical practice. Helping children to get a healthy start in life is a vital and valuable service, and thanks to improvements in medical knowledge and technology, OBGYN�S are able to help patients more reliably than ever before. Unfortunately, the diminishing but real risks associated with childbirth have resulted in a dramatic increase in litigation, unconscionably high awards, and in associated increases in malpractice insurance premiums.
In Florida, however, we have an alternative. NICA offers participating OBGYN'S with a way to reduce their exposure to malpractice litigation while providing much-needed care to children born with certain neurological injuries. By paying the annual $5,000 NICA fee and by providing patients with notice of their participation in the NICA Plan, OBGYN'S help protect themselves from malpractice lawsuits for covered birth-related injuries. As an obstetrician, family practice physician who delivers, or nurse midwife, you want to provide the best possible coverage for your patients. Additionally, you want the best possible coverage for yourself as well. Participating in the NICA provides both in the event of a covered birth-related injury.
Why NICA?
- Lifetime Care For Child
- Obviously no one desires a birth-injury to occur. Unfortunately, they do. In the case of a covered birth-related injury, the child will receive a lifetime of medical care and many other benefits including nursing, housing, equipment and transportation assistance. See Section 766.31, Florida Statutes.
- Alternative to Civil Litigation
- This unique program is intended to be in lieu of costly legal proceedings in circuit court for those injuries covered by the Plan. Birth-related injury claims are handled administratively through the Florida Division of Administrative Hearings with one judge who has expertise and hears all of the claims.
- A Malpractice Insurance Credit
- When you participate, most insurers provide a malpractice coverage credit. This credit varies by each insurance carrier, however, in many cases it covers most or all of the cost of participating in NICA.
- A No Fault Approach
- The purpose of NICA is to assure continued access to obstetrical care and provide care for qualifying children. As a no-fault program, qualifying events are not reported to the National Practitioner Database although a copy of the Petition is provided to the Department of Health.
Physicians who do not practice obstetrics or choose not to participate in the Plan are required by Florida law to pay $250 annually into the Plan. This fee is now payable online by clicking the 'Pay Online' button in the above navigation. Hospitals pay $50 per live birth into the Plan. These payments help to fund the benefits for children while prohibiting malpractice litigation on covered claims. The substantial benefits of increased protection from costly litigation and a resulting freedom to focus on patient care make full participation in the NICA Plan worth considering.
Disclaimer: All information on this website is intended for general informational purposes only and should not be considered legally binding, legal advice, nor substitute for obtaining legal advice from competent legal counsel. Although reasonable efforts are made to keep information on this site accurate, no guarantee is made as to its accuracy.
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