When we go into hospital, we expect to be given the correct treatment and to leave in a better condition than when you arrived – for the most part. If, during the course of your treatment you have been the victim of a Never Event, you may be entitled to compensation.
Never Event Compensation Claims
What is a never event? A Never Event is an incident of medical negligence which is so serious it should NEVER have happened. The NHS define a Never Event as a serious and largely preventable patient incident that should not occur if healthcare providers had implemented existing national guidance or safety recommendations.
The fact that Never Events are deemed to be wholly avoidable means that you are able to claim compensation if you have fallen victim to one.
Never Events can happen in a range of situations. The NHS has defined a clear framework and policy on Never Events, and provides the following list:
- Surgical errors such as wrong site surgery
- Placement of the wrong implant/prosthesis
- Retained foreign object post-procedure
- Mis-selection of a strong potassium solution
- Administration of medication by the wrong route
- Overdose of insulin due to abbreviations or the incorrect device
- Overdose of methotrexate for non-cancer treatment
- Mis-selection of high strength midazolam during conscious sedation
- Transfusion or transplantation of ABO-incompatible blood components or organs
- Misplaced naso-gastric or oro-gastric tubes
- Scalding of patients
- Failure to install functional collapsible shower or curtain rails
- Falls from poorly restricted window
- Chest or neck entrapment in bed rails.
- Unintentional connection of a patient requiring oxygen to an air flowmeter
Most of these have the potential to cause extremely serious harm to the patient. That said, there is no need for serious harm to occur for the event to be considered a Never Event.
In the year to March 2019, the NHS registered 496 instances where a Never Event occurred. This means patients were harmed 496 times in circumstances that were completely avoidable.
If you suspect that you or a relative may have suffered from a Never Event, you may be entitled to claim compensation for the resulting pain and suffering. Make an enquiry with our specialist teams of medical negligence solicitors and we will explain the options available to you.
Claiming compensation for a Never Event
Like any medical negligence claim, Never Event claims need to meet certain criteria. These are:
- You must have suffered an injury. Not all Never Events lead to injury (although they are extremely likely to) and without injury you cannot claim compensation. If your care while in hospital has been substandard, then the NHS complaints process is the appropriate place to seek redress.
- Someone needs to be at fault. The injury needs to be the fault of someone else, and they must have failed to meet the correct standard of care while treating you.
- The injury must have been caused by the event in question. If the injury/loss may have occurred in any event, or is not causally linked, you will be unable to claim compensation.
- The injury must have occurred (or become obvious) within the last three years. If the injury was longer than three years ago then you will be unable to claim. If the injury took longer to display symptoms, then the three-year limit runs from the date symptoms became apparent.
The sooner you make a start then the more positive the outcome is likely to be, so contact us today for more information. If you or someone you know has experienced these types of medical errors, which has led to pain and suffering, OP Law can help you seek financial compensation. Our experienced team will guide you through the complex legal process, ensuring that you receive the best possible outcome to your compensation claim.