Compensation Association Florida Birth-Related ...

1 AUNIQUEPARTNERSHIPF lorida Birth -Related Neurological Injury Compensation Associationneurologicalinjurycompensatio nassociationneurologicalinjurycompensati onassociationIf you would like more information or have any questions,please contact us at: Florida Birth-Related Neurological Injury Compensation AssociationPost Office Box 14567 Tallahassee, Florida 32317-4567 Attention: Ms. Kenney ShipleyExecutive DirectorTelephone: (850) is an innovative and effective alternative tocostly malpractice litigation. The NICA fund, supportedin part by participating OB/GYN s, is also augmented byannual assessments paid by all Florida physicians andhospitals.

2 Money is made available from the NICA fundto pay for the care of children with certain birth-relatedneurological injuries specified by law. NICA is an important step in tort reform for the medicalcommunity. Unlike other reforms that simply limit theamount of money that may be awarded through malpracticelitigation, the State of Florida has created a system thatresolves certain catastrophic claims without costly legalproceedings. As such, NICA may be a model worth considering for use in medical practices other thanobstetrics and insurance spreads risk, all physicians have beenaffected by NICA.

3 Although only OB/GYN s have directcoverage, the malpractice premiums for all Florida physicians have been lower for many years becausethese truly catastrophic claims have been covered byNICA not the tort NonParticipating 1/31/03 11:00 AM Page 1 AUNIQUEPARTNERSHIPF lorida Birth -Related Neurological Injury Compensation Associationneurologicalinjurycompensatio nassociationneurologicalinjurycompensati onassociationIf you would like more information or have any questions,please contact us at: Florida Birth-Related Neurological Injury Compensation AssociationPost Office Box 14567 Tallahassee, Florida 32317-4567 Attention: Ms.

4 Kenney ShipleyExecutive DirectorTelephone: (850) is an innovative and effective alternative tocostly malpractice litigation. The NICA fund, supportedin part by participating OB/GYN s, is also augmented byannual assessments paid by all Florida physicians andhospitals. Money is made available from the NICA fundto pay for the care of children with certain birth-relatedneurological injuries specified by law. NICA is an important step in tort reform for the medicalcommunity. Unlike other reforms that simply limit theamount of money that may be awarded through malpracticelitigation, the State of Florida has created a system thatresolves certain catastrophic claims without costly legalproceedings.

5 As such, NICA may be a model worth considering for use in medical practices other thanobstetrics and insurance spreads risk, all physicians have beenaffected by NICA. Although only OB/GYN s have directcoverage, the malpractice premiums for all Florida physicians have been lower for many years becausethese truly catastrophic claims have been covered byNICA not the tort NonParticipating 1/31/03 11:00 AM Page 1 Criteria for CoverageBirth-related neurological injuries have been defined asan injury to the spinal cord or brain of a live-born infantweighing at least 2500 grams at birth.

6 The injury musthave been caused by oxygen deprivation or mechanicalinjury, and must have occurred in the course of labor,delivery or resuscitation in the immediate post deliveryperiod in a hospital. Only hospital births are injury must have rendered the infant permanentlyand substantially mentally and physically impaired. Thelegislation does not apply to genetic or congenital abnor-malities. Only injuries to infants delivered by participatingphysicians are covered by the may be provided for the following: Actual expenses for necessary and reasonable care,services, drugs, equipment, facilities and travel,excluding expenses that can be compensated bystate or federal government or by private insurers.

7 In addition, an award, not to exceed $100,000 tothe infant s parents or guardians. Death benefit of $10,000. Reasonable expenses for filing the claim, includingreasonable attorney s fees.*See (9) (c) for Claims LimitationFlorida Birth -Related Neurological Injury Compensation AssociationIn order to participate, physicians must: be licensed to practice medicine in Florida ; practice obstetrics or perform obstetrical serviceson a full or part-time basis; and have paid, or been exempted from paying, therequired assessment when the incident Plan is funded by a combination of state funds,physician fees, and hospital you wish to have your births covered, you are required to pay a $5,000 fee each year, for coverage which runs January 1st through December 31st.

8 There is no provision for a prorated fee; if payment is made after January 31st, coverage begins the day the payment is received. You may wish to send the payment by certified fee of $250 is paid by all licensed Floridaphysicians, regardless of specialty. Hospitals pay $50 foreach live birth during the previous calendar year. Certainexemptions apply to all these categories including resident physicians, retired physicians and governmentphysicians and facilities.

9 In the future, casualty insurersmay also provide a source of funding primary advantage for the family practitioner, theobstetrician and the delivery team, is the freedom to concentrate on patient care, rather than direct involvementwith costly and lengthy litigation. In addition, the Planallows for a faster resolution of claims than can beachieved through malpractice medical community has campaigned for tort reformand this Plan is a first step in that direction. In the eventthere is a claim, the patient is protected and there is noneed to prove LiabilityThe law provides that awards under the Plan are means that if an injury is covered by the Plan, thechild and its family are not entitled to compensationthrough malpractice lawsuits.

10 *Participation in the Plan provides physicians with unlimited* coverage for catastrophic claims resultingfrom Birth-Related neurological injuries. Claims areresolved in a timely manner without assessment of NonParticipating 1/31/03 11:01 AM Page 4 AUNIQUEPARTNERSHIPF lorida Birth -Related Neurological Injury Compensation Associationneurologicalinjurycompensatio nassociationneurologicalinjurycompensati onassociationIf you would like more information or have any questions,please contact us at: Florida Birth-Related Neurological Injury Compensation AssociationPost Office Box 14567 Tallahassee, Florida 32317-4567 Attention: Ms.