What Are Never Events & How Do I Claim?
In her latest blog, Trainee Solicitor Molly Evans discusses ‘What Are Never Events?’ and what you need to do to claim…
The overwhelming majority of procedures carried out by the NHS are performed safely and correctly. However, a ‘Never Event’ is defined by the NHS as a serious incident that causes harm to a patient, when it was entirely avoidable. In the period between 1 April 2021 and 31 January 2022, a total of 349 Never Events were recorded in the NHS.
What Is A Never Event?
In January 2018, the ‘Never Event List’ was published which outlined 16 overarching circumstances where an act would be considered a Never Event. These include, but are not limited to the following:
- Wrong site surgery;
- Wrong implant/prosthesis;
- Retaining an object post-procedure;
- Administering medication via the wrong route; and
- Misplacement of nasogastric or orogastric tubes;
The NHS policy/framework for dealing with Never Events explains how Never Events should be investigated and managed.
Never Events may highlight potential weakness in how a Trust manages fundamental safety processes and can severely damage the relationship with its patients. They can also result in very expensive litigation which is costly for the NHS. They are a major safety metric which helps regulators like the Care Quality Commission and the public to judge the safety of hospitals or other care facilities. Therefore, learning from what goes wrong is critical in the healthcare profession to prevent potential harm in the future.
NHS Resolution is an arm’s length body of the Department of Health and Social Care. They reform several functions, which include managing litigation claims. They have recently published a report which stated:
“From 1st April 2015 to 31st March 2020, NHS Resolution received 800 claims for incidents of retained foreign object post procedure. Out of these 800 claims, 454 were settled with damages paid, 193 without merit and 153 remain open. This has cost the NHS £14,546,778.”
In the rare event that you have suffered from a Never Event, or any other type of medical negligence, our dedicated and experienced team are committed to assisting you.
If you feel that you require advice that is more specific to your circumstances, please contact a member of the team at legal@timms-law.com or by telephone on freephone 0800 011 6666.
April 2023