Never Events and Surgical Errors

In the realm of medical care, certain incidents are so egregious and preventable that they should never occur. These incidents, aptly termed “never events,” represent serious, largely preventable patient safety incidents that should not happen when proper safety measures are in place. Surgical errors are among the most alarming of these events. At Siri & Glimstad, we recognize the devastating impact these events can have on patients and their families, and we’re committed to helping victims seek justice.

Defining Never Events

Never events are a specific subset of medical errors that are particularly shocking due to their severity and preventability. The National Quality Forum (NQF) has identified several categories of never events, including:

• Surgical or procedural events (e.g., wrong-site surgery, wrong procedure, retained surgical items)
• Product or device events (e.g., contaminated drugs or devices)
• Patient protection events (e.g., patient suicide or elopement)
• Care management events (e.g., medication errors, preventable falls)
• Environmental events (e.g., electric shocks, burns)
• Radiologic events (e.g., metal objects in MRI area)
• Criminal events (e.g., abduction, sexual assault)

These categories highlight situations that healthcare organizations are expected to prevent through basic safety systems and adherence to standards of care.

The Impact of Never Events and Surgical Errors

Never events and serious surgical errors can have catastrophic consequences for patients, including:

• Severe physical injury or disability
• Psychological trauma
• Prolonged  hospitalizations and rehabilitation
• Additional medical procedures
• Significant financial burden
• Loss of trust in healthcare providers
• In the most tragic  cases, wrongful death

These events not only affect the patient but  also their families and caregivers, often changing the course of their lives

Reporting and Prevention of Never Events

Healthcare facilities are typically required to report never events to regulatory bodies and in some states, to the public. Prevention strategies typically involve:

• Implementing robust safety protocols and checklists
• Enhancing communication among healthcare team members
• Utilizing standardized “time-outs” before surgery to confirm patient, procedure, site.  
• Improving staff training and ongoing education on patient safety
• Regular audits, root- cause analyses, and reviews of safety measures and adverse events

When a never event or serious surgical error occurs, it often constitutes a clear deviation from the accepted standard of care and may form the basis for a medical malpractice claim.

Establishing Liability in Never Event and Surgical Error Cases

In medical malpractice cases involving never events, establishing liability can be more straightforward compared to other types of medical errors. The very nature of a never event implies that:

• A clear standard of care exists (the event is widely recognized as something that should never happen)
• The standard of care was breached when the never event or surgical error occurred
• The breach resulted in harm to the patient

However, it’s still crucial to have experienced legal representation to navigate the complexities of these cases and ensure fair compensation.

Challenges in Never Event Litigation

Despite the clear-cut nature of never events and serious surgical errors, victims may still face challenges when seeking compensation:

• Resistance from healthcare providers and their insurers
• Attempts to downplay or reclassify the severity of the incident
• Difficulty in determining the full extent of long-term damages and future care needs
• Emotional stress of reliving the traumatic event

The attorneys at Siri & Glimstad are well-versed in overcoming these obstacles and advocating effectively for our clients.

Compensation for Never Event Victims

Victims of never events and serious surgical errors may be entitled to various forms of compensation, including:

• Medical expenses (current and future) including corrective surgeries and rehabilitation
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life and loss of independence
• In cases of death, wrongful death damages

Our team at Siri & Glimstad works diligently to ensure that all applicable damages are thoroughly documented and pursued.

At Siri & Glimstad, we understand the complexities of never event and surgical error cases and the profound impact they can have on patients and their families. Our experienced attorneys are dedicated to helping victims seek justice and fair compensation.

When handling never event cases, our team:

• Conducts a thorough investigation of the incident and surgical records
• Gathers and preserves crucial evidence
• Consults with qualified medical experts to evaluate what went wrong
• Negotiates aggressively with insurance companies and defense counsel
• Prepares meticulously for trial if a fair settlement cannot be reached

We believe in a client-centered approach, keeping you informed and involved throughout the legal process.

The Importance of Timely Action

In cases involving never events and surgical errors, it is crucial to act promptly. Timely action allows for:

• Preservation of critical evidence
• Accurate witness statements while memories are fresh
• Compliance with legal deadlines (statutes of limitations)
• Quicker resolution and compensation for victims

If you or a loved one has been a victim of a never event or serious surgical error, you do not have to face this challenging situation alone.  The experienced attorneys at Siri & Glimstad are here to provide the skilled legal representation and compassionate support you need. We offer free consultations to discuss your case and help you understand your options.

Our team will work tirelessly to investigate your case, build a strong legal strategy, and fight for the compensation you deserve. We handle cases on a contingency fee basis, meaning you don’t pay unless we obtain a recovery for you.

Don’t let a never event or surgical error go unchallenged. Contact Siri & Glimstad today to take the first step towards justice and recovery. Our dedicated attorneys are ready to listen to your story, answer your questions, and guide you through the legal process with expertise and empathy.