Never Events: The Surgical Errors That Should Not Happen
In the medical world, there are errors so shocking and preventable that they are labeled as “never events”. These events are not accidents but serious breaches of trust and safety. When such a catastrophic mistake occurs, the victims and their families deserve more than apologies.
At McKeen & Associates, PC, we have built a reputation as a leader in medical malpractice law. Our attorneys have consistently been recognized for excellence, including listings in Michigan’s Super Lawyers and honors such as Michigan’s Most Winning Medical Malpractice Lawyer. While our firm is based in Michigan, we handle cases nationwide, utilizing our extensive experience and resources to advocate for clients wherever medical negligence has occurred.
The Three Types Of Unforgivable Surgical Errors
Never events often fall into three distinct categories:
- Wrong-site surgery: This happens when a surgeon operates on the wrong part of the body, such as the left knee instead of the right or the wrong vertebra during spinal surgery.
- Wrong-procedure surgery: In these cases, a completely different procedure is performed than the one the patient consented to. For instance, performing a hysterectomy instead of an appendectomy.
- Wrong-patient surgery: The most horrifying of all, this occurs when a procedure is performed on the wrong individual entirely.
These errors serve as a powerful example of medical negligence that no patient should ever encounter. When this type of malpractice occurs, an experienced wrong-site surgery lawyer can help victims file a lawsuit for surgical error and pursue justice against those responsible.
Why Do These Errors Occur? A Breakdown Of Safety Protocols.
Hospitals have systems specifically designed to prevent never events. One of the most important is the Universal Protocol, a safety checklist developed to ensure the correct patient, procedure and site are confirmed before surgery. When these steps fail, tragedy follows.
The Universal Protocol includes:
- Pre-procedure verification: Confirming the correct patient, procedure and surgical site.
- Marking the operative site: The surgeon physically marks the correct location on the patient’s body before surgery.
- The time-out: A pause before incision, during which the entire surgical team confirms all critical details one last time.
When any of these steps are skipped or performed carelessly, it can result in surgery on the wrong body part or even the wrong person. These failures are clear grounds for a never event lawsuit.
Hospitals that ignore or rush through these procedures betray patient safety, and our medical malpractice attorneys in Michigan are dedicated to exposing these systemic breakdowns.
Surgical Errors In Obstetrics And Newborn Care
Never events can also occur in obstetrics and newborn care, leading to lifelong consequences for mothers and infants. Some examples include:
- Performing a C-section with the wrong incision type, such as a vertical cut instead of the planned low-transverse incision, can affect future pregnancies.
- Performing a tubal ligation on the wrong patient or after consent was withdrawn.
- Operating on the wrong ovary or fallopian tube, leading to fertility loss.
- Performing an unwanted circumcision on a newborn.
Each of these examples reflects a profound failure in patient care and communication. Families should never have to endure such trauma without strong legal representation from a skilled wrong procedure malpractice attorney.
The Law Is On Your Side: Understanding Res Ipsa Loquitur
In cases this egregious, the law recognizes a principle known as res ipsa loquitur, which means “the thing speaks for itself.” This concept applies when the negligence is so obvious that the burden shifts to the medical provider to prove that they were not at fault.
For instance, if a patient wakes up from surgery to find the wrong organ operated on, no further explanation is needed to show that a serious failure occurred.
This legal doctrine helps our medical malpractice lawyers in Michigan demonstrate negligence in cases where the harm clearly could not have happened without carelessness or disregard for safety protocols.
How Our Malpractice Attorneys Hold Hospitals Accountable
At McKeen & Associates, PC, we meticulously investigate every aspect of a surgical time-out error or wrong-site surgery case. Our attorneys identify all liable parties, including the surgeon, hospital and staff members and determine precisely where safety procedures broke down.
When building a surgical error lawsuit, we pursue compensation for all forms of harm, including:
- The cost of corrective surgeries or ongoing medical care
- Permanent impairment or disfigurement
- Lost income and future earning potential
- Emotional distress, pain and suffering
These cases demand lawyers with both legal skill and relentless commitment. That is why we fight aggressively to help ensure victims and their families receive the justice and compensation they deserve.
A Firm That Fights Nationwide For Patients’ Rights
Although McKeen & Associates, PC, is based in Michigan, we have successfully represented clients across the United States. Our reputation as a firm that delivers results.
If you or a loved one has suffered due to a never event, call 313-524-8570 for a free consultation. We work on a contingency basis, so no fee unless we win.