You may think that never events only happen in stories or television shows, but they also occur in real life. Medical providers can neglect the standard of care and cause a never event to happen. Understanding what this is and its consequences is crucial to holding the at-fault party responsible.
What is a never event?
A never event refers to preventable adverse incidents that certainly should not occur. This can cause permanent disability, chronic pain and death. Moreover, you also have to face an extended period of no work alongside massive financial burdens from extended care and rehabilitation. Examples of a never event can include the following:
- Operating on the wrong patient
- Performing surgery on the incorrect site
- Leaving foreign objects inside the body
- Transferring the wrong blood type to the patient
According to Oregon laws, health care professionals should act as any ordinarily careful practitioner would. Because a never event is an egregious medical error, it often serves as strong evidence that the doctor breached their duty of care. However, you must still legally establish the breach under Oregon’s medical standard of care.
What should you do after a never event?
If you suspect that your doctor did not meet the medical standard of care, get immediate medical attention from another doctor to start a paper trail of your condition. You should also request copies of your surgical logs and other documents related to the event.
Time is your enemy here. Oregon’s statute of limitations generally gives you two years from the date you discover the injury to file a claim, but this should not be filed later than five years from the act. Because hospitals have legal teams to protect their interests, you should not carry this burden alone. Seeking legal counsel can help in protecting your rights as a patient.