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What Are Surgical Never Events?

There are some things that should never occur during surgical procedures. These are called “never events,” which, according to the John Hopkins Medical Malpractice Study, happen no less than 4,000 times per year.

A “never event” is defined as any event that should not occur during surgery. This can include the following examples:

  • Leaving a tool or object in a patient
  • Performing surgery on the wrong patient
  • Performing surgery on the wrong body part

It is important to note that a never event is not limited to that which occurs during surgery. A never event also refers to any time a patient sustains an injury that could have and should have been avoided and refers to any adverse event that:

  • Is severe enough to result in permanent disability or death
  • Is avoidable
  • Is clearly identifiable and unambiguous

Recovering Compensation for Damages After a Never Event

A never event is considered a medical malpractice. If a never event occurs and a patient suffered injuries as a result, the patient or the family members of the patient have a right to file a lawsuit against the at-fault party for damages. According to California’s statute of limitations for a medical malpractice lawsuit, the suit must be brought within a year after the plaintiff discovers the injury or within three years of the injury date, whichever comes first. During the suit, the plaintiff and his or her legal counsel must prove that the injuries would not have occurred but for the act of medical malpractice. If proven, the plaintiff may be able to recover damages for economic and noneconomic losses, including:

  • Medical expenses
  • Rehabilitation costs
  • Physical pain
  • Suffering
  • Emotional distresses
  • Lost wages

Have You Been Affected by Medical Malpractice? Call Our Legal Team

If you or someone you love has suffered injury or illness due to the negligence, recklessness, or carelessness of a health care professional, we urge you to get in touch with our Orange County medical malpractice attorneys at the Law Office of Marshall Silberberg right away. When you get in touch with our legal team, we will examine every detail associated with your injuries in order to build the strongest case possible. We believe no person deserves to suffer lifelong consequences due to another person’s actions, and that is why we stand ready to fight for your rights both inside and outside the courtroom!

To discuss your case, call our Orange County medical malpractice lawyers! We have successfully recovered more than 500,000,000.00 on behalf of the injured.