The Impact of ‘Never Events’ on NHS negligence claims.
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NHS England statistics confirm that in just one year a total of 403 ‘never events’ were recorded to have occurred in various NHS Trusts. That is to say, 403 surgical procedures or treatments that should never go wrong, did go wrong.
Inevitably, never events have a major impact on the number of NHS negligence claims being pursued.
What is a never event?
A never event is a serious incident that is considered completely preventable and should never occur where appropriate systems, procedures, and safeguards are properly followed.
There are various types of medical errors that could be described as a never event, and below are just a few examples:
| Wrong site surgery | Incorrect administration of blood via blood transfusion |
| Retained foreign object post procedure | Burns to patients |
| Wrong implant/prosthesis | Patients being trapped between bed rails and mattresses |
| Administration of medication by the wrong route | Incorrect (high) dosages of medication |
| Misplaced naso- or oro-gastric tubes | Falls from poorly restricted hospital windows |
| Overdose of medication | Unintentional connection of a patient requiring oxygen to an air flowmeter |
Why do never-events happen?
There are various reasons why never events happen. Common causes include medical staff failing to communicate with each other, inadequate safety protocols, human error, and poor record keeping.
Impact on patients
Unfortunately, when a never event occurs, it can have a devastating and life-changing impact on the patient.
The consequences are not just physical; there are also psychological effects. It’s difficult for a patient who has attended hospital for a medical procedure to be told afterwards that a glove has been left inside their body or the wrong organ has been removed.
The financial impact of a never event error can also be significant. A patient may require 24/7 private care along with adaptations to their homes and vehicle or private medical treatment.
As a result, many never events lead directly to an NHS negligence claim being made.
Steps to consider when considering an NHS negligence claim
If you or someone you know has been affected by a never event, then you can contact the NHS Trust for an explanation of what happened and how it happened. This can be done via PALS. You may also wish to make a Subject Access Request for your medical records.
If the injuries are serious, then you may also wish to seek legal advice from experienced clinical negligence solicitors. Our SRA regulated team operates a free consultation service. Contact us, and a specialist clinical negligence solicitor will review your case free of charge and advise on whether you have a valid claim for compensation.
Do not delay in making an NHS negligence claim
It is important to note that clinical negligence claims are governed by the Limitation Act 1980. This means you have three years from either the date of the incident or the date of knowledge (whichever is later) to issue court proceedings. Importantly, the date of knowledge is deemed to have occurred not when you realise the act was negligent, but when you realise your symptoms may relate to the negligent act.
It is therefore important to contact us as soon as you can.
What Can I Claim For?
When you make an NHS negligence claim, you can recover compensation for both the injury itself and the financial impact it has had on your life.
In clinical negligence cases, compensation is divided into two distinct parts:
- General Damages — compensation for your pain, suffering and loss of amenity, reflecting the physical and psychological impact of the injury.
- Special Damages — compensation for your financial losses, such as lost earnings, treatment costs, travel expenses, care needs, and any future financial impact.
Together, these ensure you are compensated fairly for both the harm you suffered and the practical consequences of the negligence.
Contact us today for a free consultation
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