Medical Malpractice > Hospital and Nurse Negligence


According to available information from the Indiana Department of Health’s Medical Errors Reporting System, Hoosier healthcare facilities average more than 100 medical errors annually. There are 28 specific events that hospitals and medical centers must report, including surgical events, device malfunctions, and care management issues often related to specific treatments or procedures.

These errors are more common if facility staff are overworked, under-resourced, or inattentive. When standards are not followed, and pain and suffering result, hospital negligence lawyers can help those harmed receive guidance on the legal complexities of their case.

Who Is Responsible for Hospital Negligence?

Whether damages occur as a result of doctor or nurse negligence, a hierarchy of hospital responsibilities exists. Primary doctors and those under their direction—including nurses, technicians, and therapists—have standards of care and routines to follow. 

Communication breakdowns within an emergency room, operating room, or surgical environment could have catastrophic implications for a patient. The facility or larger hospital system itself may be liable if it can be proven their policies, hiring practices, or other actions or inaction contributed to your damages. 

Common Types of Hospital Negligence

Types of hospital negligence that can result in legal action are as varied as the types of treatment provided at such vast, versatile facilities. Some of the most common types of hospital negligence events include:

Misdiagnosis or a Failure to Diagnose – A false diagnosis, missed diagnosis, or delayed diagnosis can prevent a patient from receiving the help they need in a timely fashion. Failure to properly diagnose a patient’s condition can cause it to go untreated, worsen, or even become life-threatening. 

Catastrophic or “Never” Events – These “never” events include operations on the wrong body part, operating on the wrong patient, or equipment left inside the patient. These are events that, ultimately, should never happen. While they are rare, they do occur. 

Birth Injuries Infants can sustain injuries due to trauma during labor and delivery or from improper care during pregnancy. Failure to monitor and observe fetal distress, a lack of oxygen, or head trauma can cause lifelong disabilities or life-threatening injuries.

Anesthesia Errors Serious anesthesia errors can result in severe injuries, including brain damage or even wrongful death. Anesthesiologists have many responsibilities during operations, including administering medication and monitoring a patient’s condition and vital signs. An incorrect dosage, improper induction, or failure to monitor risk factors can cause nerve damage or lead to injuries in the airway and trachea.

Is Suing a Hospital Possible in Indiana?

If you or a family member suffered a severe injury or illness because of negligent treatment at a hospital in Indiana, you might be able to sue the facility itself or its medical professionals for malpractice.

Medical negligence lawyers rely on experience and knowledge of the hospital environment to discern exactly what happened and who should be held responsible. Often, this process involves physicians qualified to analyze nursing notes, examine medical charts, and assist legal experts in building a narrative and timeline of events. This approach is helpful in presenting facts and moving toward a fair settlement or judgment.

First, a complaint must be filed with the Indiana Department of Insurance. A medical review panel, made up of three qualified healthcare professionals, examines each claim and must issue an opinion before a medical malpractice lawsuit can proceed.

Additionally, Indiana law includes a two-year statute of limitations for medical malpractice cases. Lawsuits or review panel complaints must be filed within two years of the alleged negligence—unless the injured patient was an infant or younger than six years old, in which case filings must occur before the child’s eighth birthday.

Trust Montross Miller with All Types of Negligence in Healthcare

The hospital negligence lawyers at Montross Miller have decades of experience. They can help you navigate each step of the complex legal process, maximizing your case’s chance of success in court or with a pretrial settlement. Contact the Montross Miller team today for a free, private consultation. 


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