NICA (Florida Birth-Related Neurological Injury Compensation Plan)

In this medical malpractice action, where it was alleged that the pediatricians committed malpractice in the treatment of the child during days and weeks after birth, the appellate court upheld the trial court’s decision not to abate the medical negligence claim and require the plaintiffs to pursue a NICA claim. In short, defendants, who were pediatricians, as opposed to obstetricians, failed to make a prima facie showing that they were entitled to NICA’s provisions. Follow this link to view the court’s opinion: Children’s Medical Ctr v. Kim, 40 Fla. L. Weekly D1245 (Fla. 4th DCA June 5, 2015).