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NHS Never Event Claims

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NHS never event claims


The National Health Service (NHS) is a service that we should take pride in and which is enviable to other countries.  However there are instances whereby the NHS provides a substandard treatment and incidences occur that should “NEVER” happen.


Never events are serious, largely indefensible preventable incidents that should not occur if the healthcare provider has followed correct safety guidelines.


If you’ve suffered an incident that you believe should never have occured, then you could be entitled to claim compensation. Our expert team of medical negligence solicitors will fight to secure you the justice you deserve on a No Win, No Fee basis, so you can focus on healing.

What are NHS never event compensation claims?


Never events occur when an error that was completely avoidable takes place.


Between 1st April 2018 and 31st January 2019 there were 451 Serious Incidents which were categorised as Never Events by the NHS. This means that there were 451 occasions when patients were injured as a result of serious failings by those caring for them. The full list can be found on the NHS England website here.


The NHS has a number of national safety requirements in place to improve safety but sadly this is not infallible. Although rare, never events – which are the most serious type of preventable errors – continue to occur.


Here at Fletchers Solicitors, our specialist team of medical negligence lawyers have over 400 years’ combined experience dealing with NHS claims including never event incidents. Not only do our lawyers work closely with you to collect the details of the incident, but we also work with medical professionals to build you the best case.

Different types of never events


We have acted for an extensive number of patients who have brought claims against the NHS to include those who have experienced:


  • Wrong site surgery claims, where patients have had the wrong limb or organ removed.
  • Wrong implant/ prosthesis claims, such as the placement of the contraceptive device in the wrong arm or when, during knee replacement surgery, the implant is placed in the wrong knee.
  • Retained foreign objects post operatively, such as swabs, needles, instruments and guidewires.
  • Incorrect administration of medication, such as wrong dosage, using the wrong utensils or method or administering the medicine to the incorrect area. This can occur with procedures including intravenous chemotherapy by the intrathecal route, oral/enteral medication or feed/flush by any parenteral route, intravenous administration of an epidural medication that was not intended to be administered by the intravenous route.
  • Misplacement of naso-gastric tubes which are used to provide fluid and nutrition to patients who are unable to eat and drink. .
  • Risk assessment errors resulting in patients falling from poorly restricted windows, chest or neck entrapment in bed rails
  • Scalding of patients due to negligent care when washing
  • Incorrect blood transfusions resulting in ABO compatibility reactions due to failure to perform compatibility testing
  • Failure to install a functional collapsible shower or curtain rail to prevent death by suicide
  • Unintentional connection of a patient requiring oxygen to an air flowmeter


Fletchers Solicitors understand the devastating consequences patients experience when never events occur. We know that it can feel difficult for patients to speak out against the NHS, so that’s why our team of specialist medical negligence lawyers will work closely with you to guide you through the legal system.

Is there a time limit on making a never event claim?


It is important to remember that a claim for an NHS never event must be made within three years of the date which you became aware of this event affecting you. If however the claim relates to a child under the age of 18, this time limit for bringing a claim will not begin to run until their 18th birthday.


While never events vary in how much impact they have on your health, they represent a clear case for NHS negligence. There are no excuses for healthcare providers failing to follow medical protocols and all patients deserve high quality safe care.


Receiving less than quality medical care is not something you should be forced to deal with on your own, nor is it something you should be burdened with for the rest of your life. That’s why our dedicated team of solicitors will work closely with you to collect the details of the incident and build you case, so you can get the justice, compensation and treatment you deserve.


Contact us today to find out how we can guide you through the legal process.

Call us now on 0330 013 0251 or start your claim today with our online form.