Understanding “Never Events” in Health Care
The story of a 70-year-old man who died in a Florida hospital during surgery when his liver was accidentally removed instead of his spleen made national news last fall, perhaps because the medical error was so horrifying, perhaps because the consequences were so devastating, or perhaps because the victim’s widow wanted the story told. Whatever the case, the sad reality is that egregious medical errors like this are not as uncommon as we would like to believe.
“Never events,” medical errors that should never occur because they are entirely preventable and cause significant harm, can actually occur in any health care setting, including hospital’s, doctors’ offices, ambulatory surgery centers, skilled nursing facilities and nursing homes. Regardless of the setting, it is often the injured victims and their families who pay the price for these egregious errors, while the health care providers’ extreme negligence may not be acknowledged or detected.
As a Florida medical malpractice attorney, I’ve seen firsthand the devastating effects of preventable errors in health care settings and want the public to be more informed about them. Understanding what never events are and the recourse that is available to victims through medical malpractice lawsuits is crucial for all of us.
What Are “Never Events” in Health Care?
The term “never events” (aka “serious reportable events”) was first coined in 2001 by Dr. Ken Kizer, a former CEO of the National Quality Forum (NQF). The term refers to shocking medical errors that should never occur if health care providers adhere to established safety protocols. These errors not only cause significant harm to patients but also undermine public trust in the health care system.
The NQF has identified seven broad categories of never events, encompassing a wide range of medical errors. These include:
- Surgical or Invasive Procedure Errors
- Performing surgery on the wrong site or patient
- Leaving surgical instruments inside the patient’s body
- Product or Device Events
- Using contaminated drugs or devices
- Misusing medical equipment
- Patient Protection Events
- Discharging a patient unable to make decisions to an unsafe environment
- Allowing a patient’s suicide in a healthcare setting
- Care Management Events
- Administering the wrong medication or dosage
- Failing to follow up on test results
- Environmental Events
- Patient injuries caused by falls
- Burns from equipment or substances
- Radiological Events
- Mismanagement of metallic objects in MRI scanners
- Potential Criminal Events
- Impersonation of healthcare professionals
- Physical or sexual assault by staff members
These incidents are called “never events” because they are easily preventable with adherence to established protocols, proper training, and adequate staffing. Unfortunately, when such events occur, they often lead to catastrophic injuries or even death.
If you or a family member has been the victim of a never event or other serious medical error injury, recognizing that a health care provider’s extreme negligence caused the injury and getting legal assistance from an experienced Florida medical malpractice attorney can help you hold the negligent health care provider(s) accountable.
At Boyers Law Group, we have over 25 years of experience in winning very large awards in medical malpractice cases. We are committed to putting our experience, knowledge, skill and resources to work for you, fighting vigorously to hold the health care providers accountable for negligence in order to obtain the substantial compensation you deserve. Please call us at 786-882-8998 or submit the “Tell Us What Happened” form on our website to get the expert help and attention you need.
The Human and Financial Cost of Medical Malpractice Never Events
The consequences of never events extend far beyond the physical and emotional toll on patients and their families. These errors also have significant financial implications for both the victims, their families, and the health care system.
- For Patients: Victims of never events and other significant medical errors often face extended hospital stays, additional surgeries, and long-term rehabilitation. The financial burden can be overwhelming, especially when compounded by lost income and reduced quality of life.
- For Families: In addition to the financial adversity and emotional strain associated with having a loved one injured and suffering, family members of those injured due to any type of medical malpractice may also suffer from the loss of companionship, guidance and assistance they formerly received from their spouse or parent.
- For Healthcare Providers: Hospitals and medical professionals may face substantial legal costs, settlements, and penalties. Additionally, the reputational damage resulting from never events and other medical malpractice cases can lead to a loss of patient trust and revenue.
Bringing a medical malpractice claim for damages against the health care provider or providers whose negligence caused the never event injury is the best option for holding the health care provider accountable and getting compensated for the physical, emotional and financial toll of the injury.
Why Pursue a Medical Malpractice Lawsuit?
When you or a loved one has been affected by a never event, pursuing a medical malpractice lawsuit can provide a pathway to justice and compensation. Here are several reasons why filing a lawsuit is often the best course of action:
- Accountability
Medical malpractice lawsuits hold health care providers accountable for their negligence. By filing a claim, you send a powerful message that preventable errors will not be tolerated. This accountability can lead to systemic changes that improve patient safety.
- Justice and Compensation for Damages
By holding negligent health care providers legally accountable for medical malpractice, you can achieve justice with a substantial settlement or jury award in court. A successful lawsuit can help you recover damages for:
- Medical expenses, including additional surgeries, treatments, and rehabilitation
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Diminished capacity to enjoy life
- Your family’s loss of your companionship, guidance, and assistance
- Other damages recoverable under Florida law
- Improved Standards of Care
When health care providers face consequences for negligence, they are more likely to implement safety measures to prevent future incidents. Your case could be a catalyst for change, ensuring that others do not suffer the same fate.
- Legal Support and Advocacy
Navigating the complexities of medical malpractice law can be daunting to a lay person. An experienced Florida medical malpractice attorney will guide you through every step, from gathering convincing evidence to negotiating aggressively with insurance companies and presenting your winning case in court.
How to Pursue a Medical Malpractice Lawsuit in Florida
If you believe you or a loved one has been harmed by a never event, it’s essential to act promptly. Florida law imposes strict deadlines and requirements for medical malpractice claims.
- Statute of Limitations
In Florida, the statute of limitations generally gives you two years from the date of the injury or the discovery of the injury to file a medical malpractice lawsuit. However, exceptions may apply, so consulting an attorney as soon as possible is crucial.
- Pre-Suit Requirements
Florida law requires plaintiffs to complete a pre-suit investigation before filing a lawsuit. This process involves obtaining a verified affidavit from a medical expert attesting that the claim has merit. Your attorney will handle this critical step on your behalf.
- Proving Negligence
To succeed in a medical malpractice lawsuit, you must prove the health care provider was negligent. This means you must demonstrate:
- The health care provider owed you a duty of care
- The provider breached that duty through negligence
- The breach directly caused your injury
- You suffered damages as a result
- Settlement vs. Trial
Many medical malpractice cases are resolved through settlements, providing timely compensation without the need for a trial. However, if a fair settlement cannot be reached, your attorney will be well prepared to take your case to court and fight for your right to full and just compensation.
Choosing the Right Attorney
Medical malpractice cases are usually very complex. Proving that a health care provider was negligent requires thorough investigation, total understanding of the medical facts of the case, top quality expert testimony and strategic, thorough use of the civil discovery process and tools at the trial lawyer’s disposal. Selecting the right attorney is, therefore, one of the most important decisions you’ll make when pursuing a medical malpractice lawsuit.
Look for a lawyer with:
- Extensive experience in medical malpractice cases
- A track record of successful outcomes
- A team of legal experts committed to leaving no stone unturned when gathering and presenting evidence
- Experience working with top medical experts in numerous specialty areas
- Experience and skill as a trial attorney
- Compassion for clients and dedication to client advocacy
- Strong commitment to the pursuit of justice
The medical malpractice attorneys at Boyers Law Group have the strong commitment to client advocacy and justice, as well as a long track record of successfully litigating medical malpractice actions essential to achieving substantial compensation in your medical malpractice case. Please call us today at 786-882-8998 or submit the “Tell Us What Happened”form on our website to get the expert help and attention you need.
Advocating for Justice and Patient Safety
Never events are called such because they are preventable and should never happen. Yet, when they do, the consequences can be life-altering. If you or a loved one has been harmed by a never event, pursuing a medical malpractice lawsuit is not only about securing compensation for your losses but also about holding health care providers accountable and promoting safer practices for future patients.
As a Florida medical malpractice attorney, I am committed to fighting for justice on behalf of those affected by preventable medical errors. If you believe you or a family member has been a victim of medical malpractice, please don’t hesitate to reach out for the help you need. We welcome the opportunity to put our experience, skill and resources to work for you.
Call us at 786-882-8998 or submit the “Tell Us What Happened” form on our website for a free expert advice on your Florida medical malpractice case.