Never events are serious, preventable incidents that occur in healthcare settings and should never happen. Examples of never events include wrong-site surgery, medication errors, and patient falls resulting in serious injury. These events are unacceptable and often indicate system failures or poor quality control.
In most medical malpractice cases, you need to use expert witnesses who will extensively review the care you received to argue that the doctor was negligent. The doctor may claim that they used reasonable care under the circumstances, and you will have the burden of proof to show otherwise. These cases are often close calls requiring you to build an extensive factual record to receive a settlement or win your case before a jury.
In other words, negligence may not be immediately apparent, but your medical malpractice lawyer will need to work hard to prove it. The doctor may have put forth some effort to provide you with the appropriate medical care, but they may have made an honest mistake, whether in action or judgment.
Some Things Should Never Happen During Medical Care
However, some events should never occur when any doctor is treating a patient. Here, they make an error that should not happen under any circumstances. There is no possible justification for the doctor’s actions and very few defenses they can offer. These are egregious examples of negligence that are “never events.”
These errors typically shock the human conscience, and people can not comprehend how any trained physician acted this way. When people hear of these errors, they often have a jaw-dropping response.
Examples of “Never Events” in Medical Care
There are 29 possible “never events” in the medical field. These events fall into seven larger categories that include:
- Surgical or procedural events
- Product or device events
- Patient protection events
- Care management events
- Environmental events
- Radiologic events
- Criminal events
There are some common examples of “never events” that everyone likely knows. For example, performing the wrong type of procedure or operating on the wrong body part should never happen. A patient may undergo anesthesia only to wake up to the shocking news that the doctor performed the wrong surgery. A classic example of a “never event” is when the patient wakes up with a limb amputated when they were supposed to have surgery on a different body part. Another well-known example is when a doctor leaves a surgical instrument inside the body after surgery.
Other egregious errors can qualify as a “never event.” For example, a patient may give a vital specimen they need for their medical care, and the hospital may have lost it. Some types of medication errors may even fall under the category of “never event.” Occasionally, hospital staff may give patients the wrong medication, which should never happen. The more shocking the error, the greater the chance it is a “never event.”
“Never Events” Are Rare but Often Catastrophic
One study found that over 4,000 “never events” occur in the United States each year, and the number of these occurrences is growing as the quality of medical care deteriorates. Thus, while “never events” seldom occur, the ones that do happen have highly disruptive effects on the lives of patients and their families. Patients may have to live the rest of their lives with the horrible consequences of the error. “Never events” often result in death, so families have a significant and traumatic loss to deal with for many years to come.
“Never events” may fall under the legal doctrine of res ipsa loquitur. This Latin term means “the thing speaks for itself.” The mere fact that something happened is evidence of negligence, meaning you do not have to establish that someone acted unreasonably because the proof is in their actions.
You May Have Some Negotiating Leverage After a “Never Event”
If you have experienced a “never event” as a patient, you may be in a more solid legal position than you think. You may not have to go through the same fight as other patients to prove that the doctor was negligent. The fact that the event actually happened speaks for itself and may make you eligible for financial compensation. The only expert witnesses that your medical malpractice lawyer may need to hire are those who can quantify your damages because you do not need to recreate the care you received. The only important fact is that a “never event” happened. Then, your challenges will be figuring out who was to blame for what happened and obtaining the full compensation you are due.
The defendants in your lawsuit are more afraid of you than you think when a “never event” occurs. The last thing that they want is to reach a jury verdict. Since a “never event” is usually the result of gross negligence or even recklessness, the jury may order significant punitive damages to make an example of the defendants. Deep down, a doctor and their insurance company know of the potential consequences, and they may only try to play hardball to an extent because it can mean drastic financial consequences. Thus, you are in a stronger position to negotiate a favorable settlement or may be more confident in taking your case to a jury.
You Still Need a Medical Malpractice Attorney for Your Case
Even if negligence is readily apparent, you still need the help of a medical malpractice lawyer. You likely have a valuable legal case and may need to negotiate a settlement or persuade a jury to award you full damages. Regardless of whether the doctor acted egregiously, you still need someone to stand up for your legal rights. A personal injury attorney will work to hold the doctor or hospital fully accountable for what happened. They will also work to get you the compensation you deserve.
Remember, “never events” should never happen, and as a patient, you have the right to expect a certain level of care and safety. By staying informed and seeking appropriate legal representation, you can protect your rights and ensure that your healthcare providers are accountable for any preventable harm that you may have experienced.