Mistakes happen, even in the medical field. However, some mistakes are serious and preventable and are known as never events.
These types of errors can lead to devastating consequences, including death. But are they indications of medical malpractice?
What counts as a never event?
Never events are medical mistakes that should never occur in a well-run healthcare environment. There are seven categories of never events:
- Surgical or invasive procedure events: wrong-site surgery, foreign objects left in the body
- Product or device events: using something defective or contaminated or meant for a different use altogether
- Patient protection events: pressure ulcers, wandering away from the facility
- Care management events: mismatched blood transfusions
- Environmental events: burns, falls
- Radiologic events: a metal object making it into an MRI
- Potential criminal events: assault, fraud
Medical professionals are trained to follow strict safety protocols. Never events occur when those protocols are ignored or broken. But how does that relate to a medical malpractice claim?
For a lawsuit to succeed, four things must be proven:
- The provider (physician, hospital) owed a duty of care
- The duty was breached (the never event)
- There is a direct link between the never event and the patient’s injury
- The injury resulted in damages, such as additional medical expenses, lost income or pain and suffering.
Virginia requires many never events to be reported to the appropriate regulatory agencies. This official documentation can help a patient’s medical malpractice case by providing a record of what happened. However, the state has a 2-year statute of limitations for medical malpractice suits, unless fraud or concealment was involved or the patient was a minor.
Compensation can’t replace what was lost, especially if the never event resulted in the death of a loved one. It can cover additional medical treatment and surgeries, replace lost wages or pay for long-term disability or rehabilitation costs.
It’s essential to work with a legal professional if you’ve been harmed by a never event. They can help ensure the healthcare provider or facility is held accountable for their negligence, and you get the compensation you deserve.