Hospital Infections in Indiana
Average Settlement: $250,000 - $700,000 | Statute: 2 years from the date of the act, omission, or neglect
About Hospital Infections
Hospital-acquired infections, also known as nosocomial infections, occur when patients contract infections during the course of receiving treatment in a healthcare facility. These infections are often caused by failures in hygiene protocols, improper sterilization of equipment, or inadequate infection control measures. Hospital infection malpractice cases require demonstrating that the facility deviated from accepted infection prevention standards, directly causing the patient's infection and resulting harm.
Indiana Medical Malpractice Laws
Statute of Limitations
2 years from the date of the act, omission, or neglect
Damage Cap
$1,800,000 total damages cap (applies to qualified healthcare providers under the Indiana Medical Malpractice Act)
Discovery Rule
Indiana applies the occurrence rule rather than the discovery rule for the primary limitations period, but minors under age 6 have until their 8th birthday to file.
Pre-Filing Requirements
Claims against qualified healthcare providers must first be filed with the Indiana Department of Insurance and reviewed by a medical review panel.
Common Examples of Hospital Infections
- •Surgical site infections due to non-sterile operating conditions
- •Central line-associated bloodstream infections (CLABSIs) from improper catheter insertion or maintenance
- •Catheter-associated urinary tract infections (CAUTIs) from prolonged or unnecessary catheter use
- •MRSA or C. difficile infections spread through poor hand hygiene or contaminated surfaces
- •Ventilator-associated pneumonia from inadequate respiratory equipment care
- •Post-operative wound infections caused by failure to administer prophylactic antibiotics
Key Facts
- ✓The CDC estimates that approximately 1 in 31 hospital patients has at least one healthcare-associated infection on any given day
- ✓Hospitals are required to follow evidence-based infection prevention bundles, and failure to do so can constitute negligence
- ✓Infection control committee records, staff training logs, and hand hygiene compliance audits are discoverable evidence in these cases
- ✓Proving causation is often the most challenging element, as defendants may argue the infection would have occurred despite proper precautions
- ✓CMS publicly reports hospital infection rates, and facilities with rates significantly above the national baseline face stronger liability exposure
- ✓Some states have enacted specific hospital infection disclosure laws that require facilities to report infection data, which can be used as evidence
- ✓Indiana's Medical Malpractice Act requires claims against qualified providers to go through a medical review panel before filing in court.
- ✓The total damages cap of $1.8 million applies to qualified providers who participate in the Indiana Patient's Compensation Fund.
- ✓Individual provider liability is capped at $500,000 per occurrence, with the Patient's Compensation Fund covering the remainder up to $1.8 million.
- ✓Indiana follows a modified comparative fault system with a 51% bar.
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Other Malpractice Types in Indiana
This information is for educational purposes only and is not legal advice. Consult a licensed medical malpractice attorney in Indiana.