Everyone makes mistakes. As long as there are humans, there will always be human error.
But some mistakes should never happen, especially in a healthcare setting. These are referred to as ‘never events,’ and they can have severe consequences.
The significance of never events
Never events is a term that was introduced in 2002 by the National Quality Forum. It originally referred to preventable medical errors that should never occur in hospitals, but has since expanded to cover a wide range of healthcare settings. There are currently 29 serious reportable events grouped into categories, including surgical, product or device-related, patient protection and care management. Some well-known examples include:
- Wrong-site surgeries
- Leaving surgical items inside a patient after surgery
- Medication errors
- Allowing patients to develop bedsores due to prolonged immobility
- Patient falls
- Postoperative complications
These all represent critical failures and would not have occurred if proper safety protocols had been followed. These errors result in physical and emotional trauma for patients and families, along with the financial strain of additional medical treatment required to address the preventable issues. They also erode the trust the public places in the healthcare system.
While never events are undeniably serious, are they an indication of negligence and grounds for a medical malpractice lawsuit? It depends on four key elements:
- Duty of care owed by the provider to the patient
- Breach of duty by the provider
- A direct link between the breach of duty and harm suffered by the patient
- Evidence of injury or financial harm caused by the breach
Even though never events occur from preventable errors, proving negligence isn’t straightforward. Every situation is surrounded by its own unique set of circumstances, and healthcare providers may argue that unforeseen events were a contributing factor.
Therefore, if you’ve experienced a never event, it’s absolutely essential that you speak with a legal representative. They can review your medical records and the details of the event. They can determine if it meets the definition of medical malpractice and help you choose the best course of action.
