We trust our healthcare providers to adhere to their oath of helping their patients and doing no harm. Unfortunately, some occurrences violate this oath, posing a serious risk to the patient.
These situations are referred to as “never events,” and they are largely preventable.
Categories of never events
The term “never events” was coined by Dr. Ken Kizer to refer to shocking, though preventable, events in healthcare settings. In other words, these incidents should never happen if protocols are in place and proper procedures are followed.
The list of “never events” has been revised over the years and now consists of 29 reportable events grouped into 7 categories, including:
- Surgical errors
- Surgery performed on the wrong body part
- Foreign objects, such as surgical tools, left inside the patient after surgery
- Care management errors
- Failing to provide necessary treatment
- Administering a fatal medication dose or the wrong medication
- Product or device issues
- Using contaminated drugs or medical equipment
- Patient injury or death caused by a device malfunction
- Patient protection failures
- Allowing a patient to self-harm
- Discharging a patient into unsafe conditions
- Environmental incidents
- Patient injury or fatality due to electric shock, falls or accidental burns
- Unsafe ventilation systems
Never events are a serious issue due to the life-altering impact they can have on patients, such as severe physical harm, long-term disabilities, psychological trauma and death. Never events also erode the public’s trust in the healthcare system.
But, are never events cause for a medical malpractice lawsuit? It depends.
There are four elements needed to prove a medical malpractice claim:
- Did the healthcare provider owe the patient a duty of care?
- If so, did the provider breach that duty through negligence?
- Did the provider’s breach of duty directly cause injury to the patient?
- Did the patient experience both tangible and intangible losses as a result of the provider’s negligence?
Even in a never event occurrence, a medical malpractice case can be complex. Your best course of action is first to discuss your situation with a legal representative. They can evaluate your case to ensure all the elements are present.
