Never Event Claims

What is a Never Event?

Never Events are patient safety incidents that are wholly preventable and are so serious that they should not occur if healthcare providers are following national guidance and safety recommendations. Given the potential impact of each Never Event, even one occurrence of a Never Event can indicate that an organisation may not be following the safety advice it should be.

The fact that Never Events are avoidable means that should you have fallen victim to one, you may be able to seek financial compensation for any suffering incurred as a result.

Never Events can occur in a variety of situations and the NHS define a clear framework for the specific incidents that constitute a Never Event. Each type of Never Event has the potential to cause serious patient harm or death, although serious harm and death do not need to have occurred for the event to be considered a Never Event.

Types of Never Event

• Surgical errors such as wrong-site surgery
• Placement of the wrong implant/prosthesis
• Retained foreign object post procedure
• Mis-selection of a strong potassium solution
• Administration of medication by the wrong route
• Overdose of insulin due to abbreviations or the incorrect device
• Transfusion or transplantation of ABO-incompatible blood components or organs
• Misplaced naso or oro-gastric tubes
• Scalding of patients
• Failure to install a functional collapsible shower or curtain rails
• Falls from poorly restricted windows
• Chest or neck entrapment in bed rails
• Unintentional connection of a patient requiring oxygen to an air flowmeter

Never event claims

If you have been informed that you or a loved one have fallen victim to a Never Event and have suffered injury or harm as a result, you may be entitled to pursue compensation through a Never Event claim against the care provider for general medical negligence, hospital negligence or GP negligence.

For your claim to be successful it is likely that you need specialist advice from a medical negligence solicitor who understands the complex processes involved in obtaining compensation.

Blackwater Law’s team of specialist medical negligence solicitors are adept at dealing with Never Event claims and have successfully obtained financial compensation for those who have suffered as a result of a Never Event occurring to them or their loved ones. The team of expert lawyers will be able to tell you whether you may have a case against your healthcare provider and can advise you of the process should you wish to pursue a claim. They are also able to answer any questions you may have and are there to make the process as easy for you as possible.

Will you know if a Never Event has occurred?

If during the course of their care, a Never Event has occurred then patients, their carers or loved ones should be notified. This notification may be through a conversation with healthcare professionals during the course of the care being provided or may follow their care through a phone call or written letter. Patients, families and careers should be involved throughout the mandatory investigations that should take place once a Never Event has been reported by a healthcare provider.

However, if you suspect that you have fallen victim to a Never Event but have not been formally notified by your healthcare provider you still may be entitled to compensation. Medical negligence solicitors, Blackwater Law will be able to undertake the necessary investigations on your behalf or can provide you with the information you need to determine whether you suffered from a Never Event.

Where can Never Events occur?

Never Events can occur in any NHS-funded care from mental health trusts to acute and community health. This also includes private healthcare settings if the funding was provided by the NHS. In most instances, your claim for compensation will be against the trust itself, regardless of whether it was mental health, acute or community-based trust.

Leading Never Event solicitors

Blackwater Law are independently recognised by The Legal 500 – a directory of the UK’s top law firms – as a leading firm of solicitors for advice and representation in relation to medical negligence claims. This means that if you contact Blackwater Law for advice regarding a potential claim for compensation, you can be assured that you are receiving some of the best legal advice available.