NICA is an acronym that stands for Neurological Injury Compensation Act. It is a no-fault system that provides that if certain situations regarding notice and type of injury are met, an injured child may be deprived of his or her right to sue, and instead be given a nominal amount of money by the state. The lawyers for the insurance companies and medical profession know this, and they make every effort to thrust these severely injured children into the NICA program.
The system is touted as a means to provide necessary care to children with severe injuries but in most instances the system fails to provide these children with adequate resources to meet all of their needs. Still, there are ways an experienced medical malpractice lawyer can fight the application of NICA. There are over a dozen specific requirements that must be met for NICA to apply, and if any one of them is lacking, the case cannot be a NICA claim.