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    Never Event Claim


    0808 304 6807

    Never Event Claim


    0808 304 6807

    The NHS has an enviable reputation for providing good quality care to its patients, so if you require treatment, in most cases things should go according to plan.

    However, in rare occasions, this doesn't happen. Sometimes accidents or errors occur in the NHS that simply shouldn't happen, and could have been completely avoided or prevented if the appropriate health and safety procedures were followed. These are called Never Events.

    Call us on 0808 304 6807 to discuss how we can help.

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    Never Events explained

    Never Events are often serious and can cause patients a lot of suffering and pain. In some cases, they can result in injury and death. They can occur in any NHS trust, and within any sector, including NHS-funded private care.

    The NHS does its best to learn from these incidents and publishes lists and details of the number of Never Events that have taken place each year, for example, during the period between 1 April 2021 and 28 February 2022, the NHS recorded a total of 379 Never Events, every single one of which could have been prevented.

    Types of Never Events

    There are a wide variety of different situations and scenarios that can constitute as a Never Event.

    Surgical errors
    Errors that occur in surgery can include having the wrong limb or organ removed, or an implant or device placed in the wrong part of the body.

    Retainment of foreign objects
    This is when instruments, swabs, needles and other items used during surgery are not removed from the body following the procedure.

    Medical administration errors
    If the wrong dosage of medicine is given, not applied to the correct area, or not administered using the required utensils, methods or route, this can constitute a Never Event.

    Blood transfusion incompatibility
    Healthcare professionals are required to perform compatibility testing before performing blood transfusions on patients, to make sure blood types match. If this doesn't occur, or any errors are made during testing, this can cause a severe reaction in patients that could even be life-threatening.

    Misplacement of tubes
    Where tubes are not placed in the correct part of the body, such as naso-gastric tubes, this can hinder the patient's ability to absorb medication, fluids and nutrition, potentially having serious consequences.

    If a patient is scalded when being washed through negligent care, this means that health and safety procedures were not correctly followed, and can constitute as a Never Event.

    Risk assessment issues
    Healthcare providers are required to carry out risk assessments to make sure that the safety of their patients is prioritised at all times. When risk assessments are not carried out effectively, this can result in accidents and injuries occurring, and potentially even death. This can include incidents such as patients suffering from falls that could have been prevented, entrapment in bed rails or failure to prevent vulnerable mental health patients from committing suicide.

    Help when you need it, each Never Event case is different.

    You may become aware that a Never Event has taken place immediately, or you may be informed by a healthcare provider following a procedure, either in person or by letter. In some cases, you may simply suspect that a Never Event may have occurred, in which case, further investigation may be needed.

    Whatever your unique circumstances, a Never Event shouldn't have happened, and so you might be able to pursue compensation by making a Never Event claim against the healthcare provider for negligence.

    Because you might still be recovering from a medical procedure, or still suffering the impact of the Never Event, having legal experts to assist you will take the strain off the process of making a claim, while ensuring that you get help from professionals with a proven track record in this field.

    Mulderrigs has dealt with many Never Event claims over the years, so if you need assistance from our legal experts in this area, get in touch today.

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    Never Event Claims - Frequently Asked Questions

    All doctors and other medical professionals have a legal duty to exercise a reasonable standard of professional care when caring for you.

    If you have been treated privately, the doctor will also have a contract with you, and it will be an express or implied term of the contract that they should deliver the treatment with reasonable care.

    If your doctor fails to meet the necessary standard you may be able to claim damages for any injury and financial losses you suffer as a result of their Medical Negligence.

    But it’s important to realise from the outset that proving a Medical Negligence Claim against a doctor can be extremely difficult.

    In order to succeed with a claim it is usually necessary to show that the doctor has behaved in a way that no reasonable professional would have done. (Bolam v Friern Hospital Management Committee [1957] 1 WLR 582)

    We will be able to tell you very quickly, and free of charge, whether or not your case is worth investigating.

    If we agree to investigate your case we will suggest an early face-to-face meeting, so that we can get full details of what has happened to you.

    The key to the success or failure of a medical negligence claim is often contained in the records, so we will arrange to get copies of your full medical records at an early stage, and we will arrange for these to be reviewed by a suitable expert.

    All sides in a medical negligence claim have to abide by the rules of a “pre-action protocol” which encourages the parties to settle the claim without ever getting involved in court proceedings.

    However, in our experience, the health authorities and doctors are usually very reluctant to accept responsibility, and it is necessary to commence court proceedings for most of our clients.

    If court proceedings are needed, we will arrange a meeting with a specialist barrister so that we can discuss all the case carefully before any proceedings begin.

    Even when it is necessary to sue the doctor or the health trust the vast majority of our Medical Negligence cases are settled on favourable terms long before we ever get to a trial.

    When cases do go ahead as a trial the experience of giving evidence is rarely as difficult as people imagine.

    We have previously published some very straightforward pointers about giving evidence at court.

    As you might expect, the amount of compensation in medical negligence claims depends on the extent of the injury and the level of financial losses.

    Whatever injuries you have suffered, we will gather all the necessary expert medical evidence, and documentary evidence of any financial losses.

    We will then discuss the value of your case with you before any settlement negotiations take place with insurers.

    We have been involved in recent settlements ranging between £10,000 and £200,000 in medical negligence claims.

    Even in the clearest medical negligence cases the doctors and health authorities tend to be very reluctant to admit liability.

    In many cases we have to wait quite a while until a client has finally recovered from the effects of their injuries.

    In our experience, it also nearly always necessary to bring court proceedings in these cases.

    For all these reasons, medical negligence claims can take a long time to reach a settlement or a trial.

    But we we won’t get any fees until your case is finished. So please rest assured – If we think you have a good case we will get on with things as quickly as we can!

    If you ask us to deal with your case we will discuss the fee arrangements clearly and carefully before asking you to sign our terms and conditions.

    Although other fee arrangements are available, “no win no fee” is usually the best option for our clients.

    There are no “upfront” fees, no hidden charges, and we will never leave you out of pocket.

    Most importantly, if you lose the case you pay nothing at all.

    We have never had a complaint from a client in relation to fees.

    We understand the dramatic impact on people when they have been injured as a result of medical negligence, and our team deal with clients very sensitively.

    We have been dealing with medical negligence claims for over twenty five years, and during that time we have dealt with some very serious claims.

    We promise to speak to you in plain English.

    We’ll come to see you at a time and place that’s convenient for you.

    We have held the Law Society’s LEXCEL quality mark since 2002. Only around 5% of law firms have achieved that recognition.

    In our most recent survey 97% of our clients described our service as good or excellent.