Overview of Medical Malpractice "Never Events"

We go to hospitals and medical care facilities to get better. We expect that our injuries will be treated competently because we know doctors, nurses, and other staff must usually complete education beyond high school. Whether we are at the hospital because we need an outpatient procedure done or because we are needing surgery, we expect that the procedure or surgery will be performed right. There are certain things that we believe simply ought not happen inside a hospital or other care facility.

There are termed “never events” because they should never happen. However, they do happen – and with frightening regularity.

What are “Never Events”?

The term “never event” was coined in 2001 by Ken Kizer, MD, then-CEO of the National Quality Forum. “Never events” was meant to describe a tragic medical error that should not happen and one that was preventable, was measurable, and resulted in severe consequences for afflicted patients. It was hoped that by naming there “never events” and brining attention to them, they would cease to occur. This goal has not been achieved as it is estimated that as many as 80 “never events” occur each week in hospitals and medical care facilities throughout the United States.

Some of the nearly 30 “never events” currently recognized include:

• Anesthesia errors, wherein an otherwise healthy patient is administered anesthesia in preparation for a procedure but dies during or after the surgery because of a reaction to the anesthesia or too high of a dose of anesthesia.
• Surgical errors. There are many ways in which a surgery can go wrong even though medical professionals agree surgeries should “never” go wrong. Surgical errors can include surgeons performing the wrong surgery, performing the right surgery on the wrong person, performing the right surgery on the wrong body part, or leaving a foreign object inside the patient once the surgery is completed.
• Device errors, which are “never events” involving medical devices that become contaminated prior to use on the patient, devices that are used improperly on the patient, or devices that allow an “air bubble” to enter the blood stream and cause the patient to experience a stroke or heart attack.
• Safety errors, wherein hospital staff fail to take reasonable steps to protect their patients. When a hospital releases an incompetent or dependent patient to someone other than a family member or guardian, or when a patient disappears or attempts suicide, a safety “never event” has occurred.
• Care failures like medication errors, falls in the hospital, failing to routinely check on patients’ vital signs (and the signs of fetuses, if the patient is an expectant mother), and delays in conducting necessary testing are all “never events” that fit into this category.
• Other “never events” such as physical or sexual abuse by staff or patients, metal exposure during testing, and burns and electric shocks while in a hospital room are all events that simply should not happen.

By their very definition, “never events” are events that should not occur absent the careless or reckless actions of one or more individuals. This means that the medical professional(s) responsible for causing the “never event” as well as the resulting harm to the patient will likely be found to be negligent and thus liable to the injured patients for monetary compensation.

Recovery of Compensation After a “Never Event”

When a “never event” occurs and the responsible party is identified, the injured patient may be able to pursue a claim of compensation against the responsible party. Like other negligence-centered cases, a “never event” alleges that the responsible party (the doctor, nurse, or other member of the medical team) brought about a “never event” through careless behavior. The injured patient will argue that because “never events” are preventable, the responsible party acted carelessly in that he or she did not take enough reasonable precautions to prevent the event from occurring.

Even in these situations, though, recovering compensation is not from the at-fault medical professional is not guaranteed. Courts must be satisfied that a hypothetical, reasonable professional of a similar background and skill level as the at-fault party in your case would not have done (or failed to do) the same things as the at-fault party actually did in your case. This is a standard that is meant to be particularly lenient toward medical professionals.

Stern Law, PLLC medical malpractice lawyers understand that medical errors and “never events” are some of the most damaging personal injuries victims can suffer precisely because they are inflicted by people we believe are supposed to help us, not hurt us. Our experience and knowledge can not only help guide you in what you need to do to protect your health following a “never event” but can also be used to help secure financial compensation for your losses, including the cost of any follow-up treatment you may need. Call Stern Law, PLLC at (844) 808-7529right away if you or a loved one were injured while a patient at a hospital or medical care facility.