Florida’s Birth-Related Neurological Injury Compensation Act (NICA) was designed to provide an exclusive, no-fault remedy for families of infants who suffer catastrophic birth injuries. But what happens when a family does not want NICA benefits and instead wishes to pursue a traditional medical malpractice claim in circuit court? Can defendants force a NICA determination through…
Continue reading ›Since 1990, Florida has enforced a statute commonly referred to as the “Free Kill” law. Codified at Section 768.21(8) of the Florida Wrongful Death Act, this provision creates a glaring exception in an otherwise remedial framework intended to support grieving families. The legislative intent behind the Wrongful Death Act, as stated in Section 768.17, is…
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Since 1990, Florida has maintained a statute that has come to be commonly referred to as the “Free Kill” law. The statute, section 768.21(8), is located in the damages portion of the Wrongful Death Act. The legislative intent of the Wrongful Death Act is set forth in section 768.17: It is the public policy of…
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