Atlanta Never Events Attorneys

Legal Representation For Victims of "Never Events"

The term, "never event," was coined by Ken Kizer, MD, in 2001. It refers to a type of medical error that is so preventable and so egregious that it should "never," ever occur.

A famous example of a medical error that qualifies as a never event happened to Saturday Night Live’s Dana Carvey in 2001. The comedian went into the hospital to have lifesaving bypass surgery. Things seemed to have gone smoothly until it was discovered, several months later, that the surgeon had performed the bypass on the wrong artery. Mr. Carvey sued the surgeon and the hospital for $7.5 million. Today, the National Quality Forum (NQF) identifies nearly 30 types of never events, grouped into seven categories.

If you suspect that you’ve sustained an injury or lost a loved one due to a "never event" or any other type of medical negligence, you may be entitled to significant compensation. To find out more about your legal rights and options, consult an experienced Atlanta medical malpractice attorney. The attorneys at Grant Law Office have been successfully representing Georgia injury victims for over 35 years, and will put their extensive experience behind your claim. Call them, today, for a free consultation at (404) 995-3955.

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Recent Medical Malpractice Verdicts and Settlements

• $5 Million, present value settlement - Failure to treat shunt malfunction.
• $3 Million - Failure to diagnose meningitis and brain infection.
• $2.2 Million partial settlement/Additional confidential settlement with Hospital - Neurosurgeon/hospital malpractice resulting in paralysis.
• $1.25 Million - Failure to respond to medical emergency in intensive care unit.
• $1.2 Million - Pregnancy diagnosis error.
• Confidential Settlement - Psychiatric/wrongful death.
• Confidential Settlement - Medical malpractice resulting in DVT (deep vein thrombosis).

Click here for more verdicts and settlements.

Recognized Never Events

The following medical mistakes are considered never events:

Surgical events

• Surgery performed on the wrong patient
• Surgery performed on the wrong body part
• Wrong surgical procedure performed on a patient
• Foreign object, such as a sponge or tool, left in patient’s body
• Death of an otherwise healthy patient during, or following a surgical procedure

Product or device events

• Death or injury of patient caused by a contaminated medication or device
• Death or injury of patient due to incorrect use of a device
• Death or injury of patient from air embolism caused by intravascular device

Patient protection events

• Suicide or attempted suicide of patient while in medical care facility
• Discharge of patient who is unable to make decisions or care for himself
• Death or injury of patient due to elopement (disappearance)

Care management events

• Death or injury to patient caused by medication error (wrong drug, wrong dosage, wrong patient, wrong time, etc.)
• Death or injury of patient caused by unsafe administration of blood products
• Maternal death or injury while under care during a low-risk delivery
• Death or injury of a newborn during a low-risk delivery
• Artificial insemination of wrong donor sperm or donor egg
• Death or injury of patient from falling while under treatment in a healthcare facility
• Serious bed sores (pressure ulcers) acquired after admission to a healthcare facility
• Death or injury of a patient due to the loss of an irreplaceable biological specimen
• Failure to correctly read or follow up on the results of lab work, radiology, X-rays, and other diagnostic tests

Environmental events

• Death or injury of patient due to electric shock at a healthcare facility
• Injury or death caused when a line designated to carry oxygen or any other gas contains no gas, the wrong gas, or is contaminated
• Patient receiving a burn from any source while in a healthcare facility
• Death or injury of patient caused by use of restraints or bedrails

Radiologic events

• Death or injury of patient caused by introduction of a metal object in an MRI area

Criminal events

• Any injury or death caused by care ordered by someone impersonating a medical professional
• Abduction of a patient
• Sexual abuse or assault of a patient at a healthcare facility
• Physical assault of a patient at a healthcare facility

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The Costs of Never Events

Not only are never events highly preventable, but they can be highly costly - and not just in dollars and cents. First of all, in the case of a wrong site surgery, you didn’t get the body part that needed to be treated, treated. This means that not only do you have to heal from the wrong surgery, you’ll still have to have the correct surgery performed. This is dangerous because there are inherent risks every time a person is put under anesthesia. In addition, Medicare will not pay for additional costs associated with never events. This could result in you being stuck with costly medical bills. That is not acceptable and you need to take legal action.

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Compensation for a Never Event Injury

When you go to a healthcare facility, you’re putting your trust in the medical professionals treating you. If you are injured as a result of negligence of any kind, you may be entitled to compensation for the following:

• Current and future medical bills related to your injuries
• Pain and suffering
• Permanent injury or disability
• Needed equipment: wheelchairs, prosthetic limbs, etc.
• In-home care
• Lost wages
• Loss of career or earning capacity
• Diminished earning capacity
• Scarring and disfigurement
• Hedonic damages for loss of joy of life

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Wrongful Death Compensation

If you’ve lost a loved one due to a never event, you and your family may be entitled to compensation for the following:

• Funeral and burial expenses
• Medical bills
• Pain and suffering of the deceased before death
• Loss of future income
• Loss of future benefits: retirement, medical benefits, etc.
• Loss of love, affection, guidance, companionship, etc.
• Loss of household services the deceased performed: child care, property and vehicle maintenance, bookkeeping, etc.

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Filing a Successful Medical Malpractice Claim

The bottom line is that patient safety is not always a priority at some medical facilities. Hospitals make a profit by doing surgeries in volume. Unfortunately, the need to do more surgeries sometimes causes medical personnel to take shortcuts. This can lead to devastating injury and even death to patients who put their trust in healthcare professionals. This is not right.

Medical malpractice lawsuits are complicated affairs, requiring experienced legal minds familiar with the applicable law. Atlanta’s Grant Law Office has been winning compensation for Georgia injury victims for over three decades. Call them today, at (404) 995-3955 for a free case evaluation.

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Additional Information

• Never Heard of A “Never Event”?
• Errors in Hospital Care