Never event claims

Never events are serious patient safety incidents that should be preventable when the right safety procedures are followed. Essentially, they are medical mistakes that should be easily preventable and should never happen. If you have been harmed by a never event, you may be able to make a medical negligence claim.

NHS never events are serious incidents that meet the NHS definition of a never event. They are considered preventable because safety measures should have been in place to stop them from happening. Examples include wrong-site surgery and retained foreign objects after a procedure. If an NHS never event has caused you harm, you may be entitled to compensation. 

Never events in healthcare are incidents that should not happen when the correct safety checks and procedures are followed. They can happen during surgery, treatment or the administration of medication. The impact can be serious, particularly if the mistake causes further injury or delays your recovery. There are several types of incident that can be classed as never events. These include wrong-site surgery, retained foreign objects and some medication errors, such as giving medication by the wrong route. The NHS framework sets out which incidents fall within the definition, and this framework can change over time.

Hospitals can help prevent never events by following established safety procedures and carrying out thorough checks before treatment. This can include confirming a patient’s identity and making sure the correct procedure and treatment site have been identified. Staff should also follow the required checks when giving medication and carrying out surgery. These safeguards are designed to catch mistakes before they cause harm.

A never event claim is a medical negligence claim made after a patient has been harmed by an incident that may meet the definition of a never event. To bring a successful claim, we would need to show that the healthcare provider failed to provide the required standard of care. We would also need to show that this caused you avoidable harm. Our specialist Solicitors can help gather the evidence needed to assess your case. 

There is no fixed amount of compensation for a never event claim. The value will depend on the injury you suffered and how it has affected your life. We will consider things such as your treatment needs, ability to work and any care or support you may need in the future. More serious injuries may lead to higher levels of compensation, particularly where long-term support is needed.

In most medical negligence cases, you have three years to start Court proceedings. This will usually run from the date the negligence happened or from when you became aware that you had suffered harm because of it. There are exceptions to the usual time limit, including cases involving children or people who lack mental capacity. It is best to seek advice as soon as possible if you think you may have a claim.

Yes, you may still be able to make a claim. Describing an incident as an accident does not mean the care was not negligent. We can look at what happened and consider whether the correct safety procedures were followed. We can then explain whether you may have grounds for a compensation claim.

Yes, you can usually make a medical negligence claim after making a complaint to the NHS. The complaints process and a compensation claim are separate. A complaint may help you understand what happened, while a legal claim looks at whether negligence caused you avoidable harm. Making a complaint does not normally prevent you from seeking compensation.

Making a never event claim should not affect your right to NHS treatment. You should continue to receive the care you need. If you no longer feel comfortable being treated by the same healthcare professional or team, you can discuss your concerns with your healthcare provider. Your Solicitor can also talk through any worries you have about making a claim.

Most medical negligence claims are settled without the requirement for Court proceedings or a trial. Your Solicitor will try to negotiate a fair settlement with the representatives for the healthcare provider once there is enough evidence to support your case. If an agreement cannot be reached, Court proceedings may be needed. We will explain what this means and support you throughout the process.

The first step is to tell us what happened and how it has affected you. If we believe you may have a claim, we can obtain your medical records and arrange for relevant medical experts to review your care. We will use this evidence to assess whether the care you received was negligent and whether it caused your injury. We will explain each stage clearly and keep you updated as your case progresses. 

You may still be able to make a claim, depending on when the incident happened and when you became aware of the harm. Medical negligence claims have strict time limits, but there are exceptions. If you are worried that too much time has passed, it is still worth seeking legal advice. We can look at your circumstances and explain whether you may still have options.

The first step is to speak to our specialist team. You can tell us what happened, even if you are unsure whether it amounts to negligence. We can help you understand whether you may have a claim and what evidence will be needed. If we take on your case, we will guide you through the process and keep you informed at each stage.

In some serious cases, you may be able to receive an interim payment before your claim is settled. This can give you financial support while your case is ongoing. It may help with costs such as rehabilitation or treatment and care if you need it. Our team can explain whether an interim payment may be possible in your case.