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Compensation For A Never Event
Claims For Serious Incidents in Hospital Which Should Not Happen
When it comes to clinical negligence, compensation for a Never Event results from serious incidents of harm in healthcare which were preventable. In the latest NHS report (April 2024 – February 2025) includes provisional data which lists 375 patient safety incidents.
This includes incidents such as wrong site surgery, retained foreign objects after surgery, incorrect implants or prosthesis, and administration of medication by the wrong route.
To make a claim for a Never Event, you will have to show that a healthcare provider failed to meet the expected standard of care when a wholly preventable medical error occurred. Additionally, you have to show that this negligence was directly linked to the injury or harm that you suffered.
If you believe that you or a loved one has been harmed due to a Never Event, you may be eligible to seek compensation through a medical negligence claim. At Jefferies Claims, we partner with experienced lawyers who work on a ‘No Win, No Fee’ basis and we can advise you on your next step.
What Is A Never Event?
A Never Event is a particularly serious category of medical negligence. These events are considered to be wholly preventable and should never occur if proper procedures had been followed. They highlight lapses in patient safety and serve as an example as to how to learn from and improve on such incidents.
In the NHS report, the highest number of Never Events falls under Wrong Site Surgery with 171 incidents. Examples of these include injection to the wrong organ or to the wrong site, while there were also reported incidents of when the procedure was meant for another patient.
Other cases included retained foreign objects found post procedure, which included surgical instruments and swabs. When it comes to medication, there were 10 incidents of oral medication given intravenously.
Regarding wrong implant or prosthesis, some relating to hips and to knees were on the list of reported cases. Misplacement of feeding tubes which led to harm were also included, as did transfusion of incompatible blood
Seek Immediate Medical Advice and Documentation
Following any medical incident, and particularly a Never Event, it is crucial to seek a second opinion or follow-up care. This helps to provide a clearer picture of what has happened, as well as looking after your health which should aways be your priority.
You should also gather as much information as possible about your case to strengthen your claim. This includes requesting copies of your full medical records. You’re legally entitled to do this.
Additionally, it’s important to keep a record of symptoms, treatment or additional surgeries needed as a result of the event. You should also make notes detailing how the negligence has impacted your daily life.
You will also need to file a formal complaint with the medical provider. Clearly state the facts of the incident and the outcome.
What Does Compensation Cover?
Compensation generally covers the following:
- Pain and suffering (general damages)
- Medical expenses and ongoing care
- Loss of earnings
- Travel and accommodation costs related to treatment
- Psychological trauma
If no agreement can be reached, the case may proceed to court. However, most claims are settled before trial.
Consult a Medical Negligence Solicitor
If the harm suffered is significant, the next step is to consult a solicitor who specialises in medical negligence. Your lawyer will assess whether you have a strong case based on the evidence. They will also help you to gather expert medical opinion to support your claim.
It’s essential to start a claim as early as possible after the incident. Typically, you have three years in which to file a claim or from when you first became aware of the harm.
Our friendly team at Jefferies Claims can guide you through a potential claim with care and understanding. We work with highly experienced lawyers who operate on a ‘No Win, No Fee’ basis. Call us today at 0333 358 3034 or visit Jefferies Claims Contact Page for a free, no-obligation consultation.