Never Event Claims

A never event is one of the most distressing types of medical negligence to experience as these are incidents that are entirely preventable and therefore should never happen, hence the name. For a never event to occur, existing guidance and safety recommendations must not have been followed, putting the health of a patient at serious risk.

If you or a loved one have been harmed as the result of a never event, this is likely to be a clear case of medical negligence and you will almost certainly be entitled to compensation. However, these situations can still be very complex, so it is essential to have specialist legal advice and guidance every step of the way.

Wolferstans’ medical negligence lawyers have represented clients in many claims related to never events, giving us specific experience with these challenging cases. Having secured substantial compensation for our clients over the years, we know exactly what to look for when building your case to give you the strongest chance of success.

With our skilled advocacy and strong expertise in non-confrontational dispute resolution, we can usually resolve claims faster and at lower cost, while allowing you to avoid the need for court action.

Our experience also means we can offer a highly accurate assessment of the value of your claim, helping to make sure you do not end up settling for less than you may be entitled to – something that is always a risk with less experienced firms.

We offer a free initial no obligation consultation during which we will be able to tell you if you have a claim worth investigating further.

To arrange your consultation please contact the new client team on 01752 292204.

Our never event claims service

We have worked with clients all over England and Wales on a wide range of never event compensation claims. The NHS lost of never events includes:

Wrong site surgery
Wrong implant or prosthesis
Retained foreign objects such as surgical implements left in the body after surgery
Serious medication errors such as administration of medication by the wrong route, overdose of insulin, overdose of methotrexate
Artificial insemination with the wrong sperm or donor egg
Transfusion of incompatible blood or blood products
Misplaced naso or oro-gastric tubes
Maternal death in a low risk pregnancy
Falls from poorly restricted windows
Chest or neck entrapment in a hospital bed
Scalding of patients

Read about some of the cases we have successfully pursued in relation to never event claims.

How compensation claims for never events work

Our clinical negligence lawyers will expertly guide you through every stage of claiming compensation for a never event, helping to make the process as simple and straightforward as possible.

A typical never event claim will involve:

Building your case e.g. applying for medical records, collecting witness evidence and consulting independent medical experts.
Contacting the relevant healthcare provider with the details of your claim.
Ensuring the defendant responds to your claim in a timely fashion.
Assessing the defendant’s response and advising you of your options.
Negotiating with the defendant and/or using alternative dispute resolution (ADR), such as mediation or independent evaluation, to secure a suitable settlement.
Submitting your claim to the relevant court and representing you at a court hearing where required to resolve the matter.

Find out more about the process of making a clinical negligence claim.

Funding a never event compensation claim

When dealing with something as confusing and distressing as a never event, we don’t want to add to your worries with concerns over covering the cost of a claim. Our promise to you is that, as long as we believe you have valid grounds for a claim, we will help you find an appropriate way to fund it.

In most cases, we help our clients using conditional fee agreements. Often called ‘no win, no fee’ deals, this means you only contribute towards your legal fees and expenses if your claim is successful. This way, you do not have to pay anything to start a claim and there will be nothing to pay if your claim does not succeed.

In the event of a successful claim, your legal costs will be based on a percentage of the damages secured. This means you will always have a clear idea of what your eventual costs are likely to be and you will get to keep the majority of your compensation.

Another option is to use legal expenses insurance to fund your never event claim. This is frequently offered as an optional extra with home insurance policies, as well as with some bank accounts and credit cards, so may be worth considering.

To discuss your options for covering the cost of a never event claim, please don’t hesitate to get in touch.

Find out more about funding a medical negligence claim.

Our expertise in compensation claims for never events

Having secured substantial damages for many clients in relation to never events over the years, we know exactly what is needed to secure a fair outcome in these complex situations. This means we can give you the very best chance of achieving the right result for you and your loved ones.

Wolferstans is accredited by the Law Society for Clinical Negligence, recognising our particular expertise in this area. We are also Lexcel accredited by the Law Society for excellence in legal practice management and client care.

Various members of our medical negligence team are also on the Law Society and AvMA (Action against Medical Accidents) Specialist Clinical Negligence Panels and have been accredited by APIL (Association of Personal Injury Lawyers) as Clinical Negligence Specialists and Brain Injury Specialists.

Find out more about our medical negligence claims team.

Read our client testimonials.

Common questions about never event claims

You will usually need to bring a claim for compensation for a never event within 3 years of the event occurring. However, if you only find out about the event later (e.g. a foreign object left in your body after surgery is only discovered on later examination) the 3-year time limit may be counted from this point instead.

If the claim is for someone under the age of 18, their parents or guardians will usually have until the claimant turns 18 to make a claim for them. If this is not done, the claimant can bring a claim of their own once they turn 18 and will have until their 21st birthday to do so.
If the person who was injured as the result of a never event does not have the mental capacity to bring a claim, there is usually no time limit for someone else to do so on their behalf.
If someone has died as the result of a never event, the representatives of their estate will normally have 3 years from the date of death to bring a claim.

Knowing what the relevant time limit is and whether you still have time to make a claim can be highly complicated, so it is strongly recommended to get in touch with out specialist medical negligence solicitors no matter how much time has passed.

This will usually be determined by the seriousness of the injuries suffered by the claimant as the result of the never event and the impact this has had on their life.

There are two types of damages you can normally claim:

Special damages – Covering specific financial losses incurred up to the date of settlement. This can include things such as paying for private treatment and care, buying special equipment and replacing lost earnings.

General damages – Covering non-financial losses e.g. pain and suffering and lifestyle changes, as well as expected future financial losses e.g. paying for ongoing care and compensation for any impact on your career.

If a loved one has died as a result of a never event, their dependants or the representative of their estate may be able to claim compensation. You will generally have 3 years from the date of death to start a claim.

If the death happened sometime after the never event and the deceased had already begun their own claim, you may be able to carry on with this claim on behalf of their estate and dependants.

Further information about never event claims

For more information about compensation claims for never events and all types of medical negligence claims, please take a look at our news, blogs and our series of helpful leaflets covering specific issues.

Start a never event claim with us today

To arrange a free initial no obligation consultation and find out more about starting a never event claim: