Never Events: When Preventable Mistakes Happen in the Operating Room

Surgery always carries risks. We sign consent forms acknowledging that anesthesia is dangerous or that recovery might be difficult. However, there is a specific category of errors in the medical world known as “Never Events.”

As the name implies, these are errors that are so shocking and preventable that they should never occur if proper safety protocols are followed.

1. What is a “Never Event”?

The National Quality Forum (NQF) defines these as errors that are unambiguous, serious, and usually preventable. In a legal setting, these cases are often easier to prove than complex diagnostic cases because the negligence is often obvious. Common examples include:

• Wrong-Site Surgery: Operating on the left knee instead of the right knee.
• Wrong-Patient Surgery: Performing a procedure on the wrong person entirely due to a mix-up in paperwork.
• Retained Foreign Objects: Leaving a surgical sponge, clamp, or instrument inside a patient’s body after closing the incision.

2. How Does This Happen?

Hospitals have strict checklists to prevent these horrors. They are supposed to mark the surgical site with a marker while the patient is awake and perform a “Time Out” before the first cut to verify the patient and procedure.

When a “Never Event” occurs, it is almost always because the surgical team was rushing, fatigued, or failing to communicate. It is a systemic failure to follow the most basic safety rules.

3. The Consequences for the Patient

The physical toll of these errors is immense. A retained surgical sponge can cause severe infection and require a second, emergency surgery to remove it. Operating on the wrong body part can leave a patient with a permanent disability while their original ailment goes untreated.

4. Your Rights

If you are the victim of a “Never Event,” the liability is often clear. The challenge is usually determining the full extent of the damages—how this error will affect your future health, earning capacity, and quality of life.

We hold hospitals accountable. Surgical errors are terrifying, but you do not have to face the aftermath alone. If you have suffered a preventable surgical injury, reach out to our team today for a free consultation.

Learn more about how our Fort Lauderdale personal injury lawyers handle serious injury cases.