Sample Medical Malpractice

Complaint
STATE OF INDIANA ) IN THE GRANT COUNTY
COUNTY OF GRANT ) CIRCUIT COURT
) CAUSE NO. 27C01-0706-CT-_____
Anne Farrell, Individually and as )
Executor         )
of the Estate of Nathan Farrell, Deceased
Plaintiff )
)
vs. ) COMPLAINT
)
Nita Memorial Hospital, an Indiana County )
Hospital, and Dr. William Madden, an )
Indiana cardiac surgeon )
Defendants )
JURISDICTION AND PARTIES
1. Plaintiff Anne Farrell is a resident of Grant County, Indiana.
2. Defendant Nita Memorial Hospital is a county hospital located in Grant County, Indiana.
3. Defendant Dr. William Madden is a resident of Grant County, Indiana.
4. This Court has jurisdiction of this matter under the provisions of IC § 33-28-1-6, and
             venue is proper under IN TR 75(A).
GENERAL ALLEGATIONS
5. On November 29, 2004, a suture was utilized in the course of an aortic anastomosis
during a cardiac transplant procedure performed upon the person of Plaintiff Anne
Farrell’s decedent husband, Nathan Farrell (hereinafter “Mr. Farrell”).
6. The cardiac transplant procedure performed on Mr. Farrell was performed by Defendant
Dr. William Madden (hereinafter “Dr. Madden”) at Nita Memorial Hospital (hereinafter
“Nita Memorial”).
7. Around 2:15 a.m., several hours after the surgery, post-operative nurses called Dr. Pat
Fairview, Chief Surgical Resident at Nita Memorial, because Mr. Farrell’s blood pressure
had dropped to a dangerous level.
8. Dr. Fairview had the nurses call Defendant Dr. Madden and Dr. Phyllis Trucks
(hereinafter “Dr. Trucks”) while he administered electrical shock to get Mr. Farrell’s heart
beating again.
9. Dr. Madden and Dr. Trucks opened Mr. Farrell’s chest in the recovery room, discovered
that the suture used in the transplant procedure was broken, and took Mr. Farrell back to
the operating room to make the necessary repairs.
10. As a result of blood loss due to the suture breaking, Mr. Farrell died after the respirator
that he was on for three days was turned off at Plaintiff Anne Farrell’s request.
11. Upon information and belief, Defendant Nita Memorial failed to act with reasonable
care and was negligent in its employment of proper procedures for the storage, handling,
and testing of sutures prior to their use in cardiovascular surgery.
 12. Upon information and belief, Defendant Dr. Madden failed to act with reasonable care
and was negligent in performing Mr. Farrell’s heart transplant.
CAUSES OF ACTION
13. Plaintiff is entitled to recover damages from Defendants jointly and each of them based
on the theories of liability hereinafter enumerated in Counts I and II, and under such
other theories of liability as may be appropriate based upon the facts as alleged herein
or as revealed during discovery.
COUNT I – Negligence
(against Defendant Dr. Madden)
The plaintiff incorporates the allegations and comments heretofore made in paragraphs 1–13 as
if fully re-written.
14. Defendant Dr. Madden had a duty to Mr. Farrell to use the due care of a surgical
specialist in performing the heart transplant.
15. Defendant Dr. Madden breached such duty by either failing to inspect the sutures before
implanting them in Mr. Farrell, burning or nicking the sutures before or during their
implantation in Mr. Farrell, or failing to inspect the suture line for possible nicks or burns
after it was implanted in Mr. Farrell.
16. The foregoing acts and omissions of Defendant Dr. Madden were acts and omissions
constituting conduct below the standards of the medical profession in Defendant Dr.
Madden’s community and individually and/or collectively caused Mr. Farrell’s death.
17. As a proximate result of Defendant Dr. Madden’s conduct alleged herein, Plaintiff Anne
Farrell has been damaged in an amount Plaintiff will prove.
COUNT II – Negligence
(against Defendant Nita Memorial)
The plaintiff incorporates the allegations and comments heretofore made in paragraphs 1-17 as
if fully re-written.
18. Defendant Nita Memorial owed a duty of care to patients, like Mr. Farrell, under its care
and control.
19. Defendant Nita Memorial breached such duty when it failed to perform according to the
accepted standards for hospitals in caring for heart transplant recipients in that the
hospital failed to employ proper procedures for the storage, handling, and testing of
sutures prior to their use in cardiovascular surgery.
20. Defendant Nita Memorial’s breach of duty was the cause in fact of the suture breakage
that led to Mr. Farrell’s death.
21. As a proximate result of Defendant Nita Memorial’s conduct alleged herein, Plaintiff
Anne Farrell has been damaged in an amount Plaintiff will prove.
WHEREFORE, plaintiff requests that the Court enter judgment in favor of plaintiff and against
defendants and each of them as follows:
   
1. For general and special damages in an amount that Plaintiff will prove.
2. For Plaintiff’s reasonable costs incurred herein.
3. For such other and further relief as to the court seems just in premises.
     DATED this 25th day of June 2007.
                                                                                
                                                        
____________________________

Plaintiff
        
CERTIFICATE OF SERVICE
The undersigned hereby certifies that he/she served the attached Complaint to all parties herein
by mailing a copy by First Class United States Mail, postage prepaid to the addresses identified
below.
Nita Memorial Hospital Dr. William Madden
827 E. 10th St. 502 S. Vickory Ln.
Marion, IN 46953 Marion, IN 46953

____________________________

Plaintiff