When you go to the hospital or visit a doctor, you expect to receive good care that makes you feel better. But sometimes, mistakes happen in medicine that should never occur under any circumstances. These very serious errors are called "never events" because they should never take place if proper procedures are followed. Never events can cause major harm to patients and may even lead to death in some cases.
If you or a loved one has experienced a never event, it's important to understand what happened and what your options are. This article will explain what never events are, give examples of different types, and discuss how patients can seek help after such an incident. We'll also talk about why it's valuable to speak with a medical malpractice lawyer if you've been affected by a never event.
Types of Never Events
There are many different kinds of never events that can occur in hospitals, clinics, and other healthcare settings. Some common examples include:
- Surgery on the Wrong Body Part: This is when a doctor operates on the wrong part of a patient's body. For instance, they might remove the left kidney when the right one was supposed to be taken out. Or they can operate on the wrong eye or amputate the wrong limb. This mistake is very scary for patients and can cause lasting harm.
- Surgery on the Wrong Patient: Sometimes, a patient is mistaken for someone else and given a surgery they don't need. This might happen if patient identities get mixed up. It puts the wrong patient at risk from unneeded surgery while the correct patient misses out on needed treatment.
- Leaving Objects Inside Patients: Doctors might accidentally leave tools, sponges, or other items inside a patient after surgery. These forgotten objects can cause pain, infection, and other issues. More surgery is often needed to remove the item.
- Medication Errors: Giving patients the wrong medicine or the wrong amount of medicine can be very dangerous. This includes giving drugs to patients known to be allergic to them. Medication mix-ups can lead to bad reactions, organ damage, or even death.
- Patient Falls: Some falls in hospitals are considered never events, especially those resulting in death or serious injury. This might happen if staff doesn't follow safety rules for moving high-risk patients.
These are just a few examples of never events. There are many other types, but they all share the fact that they should not occur if proper care is given.
Seeking Help After a Never Event
If you think you or a loved one has been the victim of a never event, it's important to act quickly. Your health and well-being should be the top priority. Ensure you're getting proper care for any injuries or complications caused by the event. This might mean seeking a second opinion or transferring to a different healthcare facility.
It's also important to gather information about what happened. Ask for copies of your medical records. Write down everything you remember about the incident, including dates, names of staff involved, and what you were told. If possible, take photos of any visible injuries or problems.
Speaking with hospital administrators or patient advocates can sometimes help. They can explain what happened and what the hospital plans to do about it. However, remember, they may not always have your best interests in mind.
The Process of a Medical Malpractice Case
If you decide to work with a medical malpractice attorney, here's a general idea of what to expect:
- Initial Consultation: You'll meet with the lawyer to discuss what happened. They'll ask questions and review any documents you have. This helps them understand if you have a strong case.
- Investigation: If the lawyer takes your case, they'll start a thorough investigation. This includes getting all relevant medical records and talking to medical experts.
- Filing the Lawsuit: If the investigation supports your claim, your lawyer will file a lawsuit against the responsible parties.
- Discovery: Both sides exchange information about the case. Discovery might include written questions, document requests, and interviews called depositions.
- Negotiations: Many cases settle out of court. Your lawyer will negotiate with the other side to reach a fair agreement.
- Trial: If a settlement cannot be reached, your case will proceed to trial. A judge or jury will hear evidence from both sides and make a decision.
This process can take many months or even years. A medical malpractice lawyer can guide you through each step and keep you informed about your case's progress.
Compensation for Never Events
When a never event occurs, victims may be entitled to compensation for various losses. This money is meant to cover the damages caused by the incident and help the patient move forward. A medical malpractice lawyer can seek compensation for things like:
- Medical Expenses: This includes bills for treating injuries caused by the never event, as well as any future medical care you might need.
- Lost income: If you had to miss work because of the never event, you can recover those lost earnings. This can also include future lost income if you cannot return to your job.
- Pain and Suffering: This covers the physical pain and emotional distress caused by the never event. It's harder to put a dollar value on this, but it's an important part of many cases.
- Loss of Enjoyment of Life: If the never event has prevented you from enjoying activities you once loved, you may be compensated for this loss.
It's important to note that there may be limits on how much compensation you can receive. Many states have caps on medical malpractice damages. A medical malpractice attorney can explain how these laws might affect your case.
Challenges in Never Event Cases
While never events are serious mistakes, proving a medical malpractice case isn't always easy. Hospitals and doctors have teams of lawyers to defend them. They may try to downplay the mistake or argue that it wasn't the cause of your injuries.
One big challenge is showing that the never event directly caused your harm. The defense might argue that your problems were due to your original medical condition, not the mistake. They might also claim that the harm wasn't as bad as you say it was.
Another issue is that some patients don't realize right away that a never event has occurred. Some problems might not show up until later. This can make it harder to connect the dots between the event and your injuries.
These challenges are another reason why working with a medical malpractice lawyer can be so helpful. They know how to overcome these obstacles and build a strong case on your behalf.
Contact a Medical Malpractice Lawyer Today
If you think you've been affected by a never event, don't wait to seek help. Contact a medical malpractice lawyer today to discuss your case. They can provide the guidance and support you need during this difficult time. Remember, you don't have to face this challenge alone. A skilled personal injury attorney can be your advocate and get the best possible outcome from a bad situation.