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?
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A: Maybe. If Florida’s NICA plan covers your case, you cannot file a negligence 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 immediate postdelivery period includes an “extended period of days.” At least one case has considered that period to be seven days.
Contact the Daytona medical malpractice attorney, at the Law Firm office of Zimmet & Zimmet for further help needed.