Prior to a circumcision procedure in the newborn nursery, after positioning the infant, a nurse’s aide attempted to adjust a lamp attached to the wall. The lamp came off the wall and struck the infant, causing an epidural hematoma and facial lacerations which left scars.

   The Court of Appeals of Indiana had to decide whether this was a case of professional healthcare malpractice by the nurse’s aide, or a case of ordinary negligence by the hospital’s maintenance staff. The parents could proceed against the state’s patient compensation fund only if it was a malpractice case.