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Why NICA is important for OB-GYNs
by B. L. Stalnacker, M.D.
Legislative Committee Chairman
"I tell every doctor I meet to pay their $5,000 and participate in NICA."
This quote is from Kirk Davis of Akerman, Senterfitt, and Eidson in Tampa, Florida. He represents doctors and hospitals in NICA proceedings and defends them in civil medical malpractice lawsuits. The cost of participating in NICA over the course of a doctor's career pales in comparison to the potential exposure of a single medical malpractice claim, whether through jury verdict or settlement. When you take into account the additional loss of time and productivity caused by depositions and lawsuits, the coverage provided by NICA becomes even more attractive.
Although the scope of the NICA statute is limited to certain types of injuries that occur during a specific time frame, the remedy is exclusive within those confines. As a result, NICA not only protects individual obstetricians and gynecologists from potential medical malpractice lawsuits, but also, by reducing the number of medical malpractice claims, NICA subsequently reduces the malpractice insurance premiums paid by all physicians.
NICA is important to OB-GYNs because it allows the doctors to participate in a program that gives them peace of mind. A participating physician not only receives a shield against potential monetary exposure and a measurable reduction in medical malpractice premiums, but also the comfort of knowing that an injured child will receive all of its medical needs for its lifetime.
The NICA Board has been instrumental in increasing coverage that will add coverage for smaller birth weight infants in multiple gestations. The Florida OB-GYN Society(FOGS) has negotiated discounts for malpractice insurance premiums for members of FOGS and has negotiated discounts for NICA participants with some malpractice carriers who discount premiums $4,750 to offset the cost of NICA participation. Therefore, NICA participation for these physicians has no additional charge other that the $250 mandatory assessment all physicians currently pay.