Keywords

NICA; medical malpractice; wrongful death; exclusive remedy; constitutional rights; due process

Abstract

The Florida Birth-Related Neurological Injury Compensation Act has been the subject of intense scrutiny regarding its efficacy, constitutionality, and ethical implications, specifically as it relates to the widespread practice of patients agreeing to its terms prior to providing them with prenatal care. This research investigates the potential unconstitutionality of the Neurological Injury Compensation Association (NICA) as an exclusive remedy, questioning the legality of the bill under the Fourteenth Amendment due to potential violations of patient rights to litigation. Through a comprehensive analysis of relevant case and statutory laws as well as secondary sources, this paper addresses the ethical and legal dilemmas posed by NICA's imposition on patients and providers alike. Additionally, it addresses the widely debated relevance and necessity of NICA, given the ineffectiveness in achieving intended objectives and the mounting backlog of claims, raising fundamental questions about governmental delegation of power to non-governmental entities, and the erosion of patients' rights to seek recourse for medical malpractice.

This research also examines the issue of informed consent within NICA, highlighting that many expectant mothers are pressured into accepting the program without a clear understanding of its ramifications. Healthcare providers often fail to adequately inform patients about their legal rights and the restrictions that NICA imposes, which fundamentally undermines ethical medical practice and patient autonomy. This lack of transparency raises questions about whether healthcare systems prioritize administrative efficiency and legal protections for providers over the welfare of patients. Furthermore, the study investigates how NICA disproportionately affects vulnerable populations, who may lack the resources or legal knowledge necessary to effectively navigate the system.

This paper contends that the structural flaws in NICA have implications that extend beyond its exclusivity, impacting overall healthcare accountability. By eliminating the possibility of pursuing traditional malpractice claims, NICA diminishes the deterrent against negligent medical practices, allowing providers to evade full responsibility for their actions. The research proposes reforms that would transform NICA from an exclusive remedy into an optional alternative, thereby granting families the choice to pursue the legal avenues that best meet their needs while ensuring accountability in healthcare. These suggested changes aim to align the program with constitutional standards, protect patient rights, and establish a more equitable and effective system for addressing birth-related injuries.

Thesis Completion Year

2024

Thesis Completion Semester

Fall

Thesis Chair

Roberg, Mercy

College

College of Community Innovation and Education

Department

Department of Legal Studies

Thesis Discipline

Legal Studies

Language

English

Access Status

Open Access

Length of Campus Access

None

Campus Location

UCF Online

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Rights Statement

In Copyright