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Compensating Never Event Negligence in Healthcare

Compensating Never Event Negligence in Healthcare

Now that healthcare 'never events' are back in the news, it is worth remembering what this term refers to and why a 'never event' may sometimes justify a claim for compensation.

What are 'never events' in healthcare?

As described by the NHS, 'never events' are 'serious, largely preventable patient safety incidents that should not occur if healthcare providers have implemented existing national guidance or safety precautions.'

Put simply, they are things which should not happen during the course of healthcare. If such an event does occur, it might suggest that a healthcare professional has provided substandard care.

'Never events' include a wide range of possible scenarios including the following:

  • Wrong site surgery such as a procedure carried out on the wrong eye, the wrong knee or the wrong finger for example
  • Surgery is carried out on the wrong patient
  • An incorrect surgical procedure is carried out other than that which had been planned for
  • Incorrect blood is used in a transfusion
  • Medication is administered using an incorrect method
  • A 'foreign object' is accidentally left in the patient following a surgical procedure. This could be a guide wire, a clip, a surgical needle, a vaginal swab etc.
  • An incorrect implant is used in a surgical procedure

Negligence and compensation

The degree of severity of such an incident will, inevitably, vary considerably and the impact will vary likewise.

The patient may suffer few or no long-term effects. Their quality of life may not be impaired by the negligent action.

However, in some circumstances, the long-term impact may be devastating, depriving the patient of their health, well-being and quality of life.

Whilst never events are fairly rare and procedures are in place to try to prevent their occurrence and to learn from when they do happen, they do still occur and, if a patient's quality of life has been severely affected by such an event, it may be appropriate to make a claim for compensation.

A successful compensation claim will not only recognise the occurrence of the negligence and provide for recompense for the patient's pain and suffering. It can also, where appropriate, provide compensation for the financial losses experienced by the patient as a result of the negligence.

Where the patient requires care or is restricted in their ability to work, for example, due to the medical negligence, a successful claim can take this into account.

Speak to a solicitor

If you or a loved one are struggling with the on-going impact of a 'never event' in the course of medical care, contact Glynns Solicitors to talk to a specialist medical negligence solicitor.

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