Never Events and Medical Malpractice

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 occur if proper safety measures are implemented. 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, 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, falls)
• Environmental events (e.g., electric shocks, burns)
• Radiologic events (e.g., metal objects in MRI area)
• Criminal events (e.g., abduction, sexual assault)

The Impact of Never Events

Never events can have catastrophic consequences for patients, including:

• Severe physical injury or disability
• Psychological trauma
• Extended hospital stays
• Additional medical procedures
• Significant financial burden
• Loss of trust in healthcare providers
• In some cases, death

These events not only affect the patient but can also have a profound impact on their families and caregivers.

Reporting and Prevention of Never Events

Healthcare facilities are required to report never events to regulatory bodies and often to the public. Many states have mandatory reporting laws for these incidents. Prevention strategies typically involve:

• Implementing robust safety protocols
• Enhancing communication among healthcare team members
• Utilizing checklists and time-outs before procedures
• Improving staff training and education
• Regular audits and reviews of safety measures

When a never event occurs, it often constitutes a clear case of medical malpractice. These incidents represent a significant deviation from the standard of care that patients should expect from healthcare providers.

Establishing Liability in Never Event 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 should never happen)
• The standard of care was breached
• 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, victims may still face challenges when seeking compensation:

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

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

Compensation for Never Event Victims

Victims of never events may be entitled to various forms of compensation, including:

• Medical expenses (current and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• 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 cases and the devastating 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
• Gathers and preserves crucial evidence
• Consults with medical experts to build a strong case
• Negotiates aggressively with insurance companies
• 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, it’s 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, don’t 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 win your case.

Don’t let a never event 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.