Experiencing a medical error, especially a never event, can be distressing and life-altering. Never events are serious, preventable incidents that should not occur if proper safety procedures are followed. If you or a loved one has been affected by a never event, it is crucial to understand your legal rights and the steps you can take to seek compensation and justice.
In this article, we will explore what constitutes a never event, the types of errors that fall under this category, and how National Claims can help connect you with experienced solicitors to assist you with your claim.
What Are Never Events?
According to the NHS England, never events are defined as serious patient safety incidents that are entirely preventable because national guidance or safety recommendations provide strong systemic protective barriers (NHS England). These incidents should not happen when the correct procedures and protocols are followed.
Common examples of never events include:
- Wrong-site surgery – Operating on the wrong part of the body.
- Retained foreign objects – Surgical instruments left inside the patient post-procedure.
- Incorrect implants or prostheses – Implanting the wrong device.
- Medication errors – Administering the wrong medication or dosage.
- Falls from poorly secured hospital equipment – Resulting in injury.
Never events can lead to serious physical and emotional harm, often requiring additional medical treatment and causing long-term consequences.
Your Legal Rights as a Victim of a Never Event
Under UK law, all patients have the right to receive a reasonable standard of care. If a healthcare provider fails to meet this standard, resulting in a never event, you may be eligible to make a medical negligence claim.
Relevant legislation that supports your right to claim includes:
- The Health and Social Care Act 2008, which sets out requirements for patient safety and quality of care.
- The NHS Constitution for England, which outlines patients’ rights to complain and seek compensation for substandard care.
- The Limitation Act 1980, which states that medical negligence claims must generally be made within three years from the date of the incident or when the harm was discovered.
Steps to Take If You Experience a Never Event
If you have been affected by a never event, taking the right steps promptly can strengthen your claim and improve your chances of securing compensation.
1. Seek Immediate Medical Attention
Your health and well-being should be the top priority. Ensure that you receive the necessary treatment to correct any harm caused by the never event.
2. Document the Incident
Collect as much evidence as possible, including:
- Medical reports and records.
- Photographs of any physical harm or related conditions.
- Correspondence with the healthcare provider regarding the incident.
- Witness statements from family members or other patients.
3. Raise a Formal Complaint
Under NHS guidelines, patients have the right to file a formal complaint within 12 months of the incident. You can do this via the NHS Complaints Procedure, which can be accessed through your hospital or clinic.
4. Seek Legal Advice
Navigating medical negligence claims can be complex, which is why consulting an experienced solicitor is crucial. National Claims can help you get in touch with expert solicitors who specialise in medical negligence and never event claims.
How National Claims Can Help You
At National Claims, we understand how traumatic never events can be for patients and their families. Our team will connect you with experienced solicitors who will:
- Provide a free initial consultation to evaluate your case.
- Work on a No Win No Fee basis, meaning you won’t have to pay unless your claim is successful.
- Handle all legal paperwork and negotiations with the healthcare provider.
- Secure the maximum compensation you are entitled to for your pain and suffering.
What Compensation Can You Claim?
If your claim is successful, you may be entitled to compensation for:
- Medical expenses – Covering the cost of corrective treatment.
- Loss of earnings – If you have been unable to work due to the incident.
- Pain and suffering – Physical and emotional distress caused by the error.
- Care and support costs – If you require additional assistance at home.
The amount of compensation will depend on the severity of the harm and the long-term impact on your life.
Recent Cases of Never Events in the UK
According to a report by The Independent, there were over 400 reported never events in the NHS between 2021 and 2022, with wrong-site surgeries and retained surgical instruments being the most common (The Independent). These alarming statistics highlight the ongoing challenges within the healthcare system and the importance of holding negligent providers accountable.
Act Now: Protect Your Rights
If you or a loved one has experienced a never event, it is important to act quickly to protect your rights and seek justice. National Claims is here to support you, ensuring that you receive expert legal representation to help you achieve the best possible outcome.
Contact National Claims today for a free consultation and take the first step towards securing the compensation you deserve.
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