- October 17, 2023
- Medical Malpractice
- Personal Injury
- Surgical Never Events
Doctors and surgeons owe a duty of care to patients. This involves providing safe, effective, and accurate medical procedures to improve quality of life and well-being. However, surgeons sometimes breach that duty of care by acting recklessly or negligently, resulting in severe and sometimes even fatal harm.A “surgical never event” is a term coined by Ken Kizer of the National Quality Forum (NQF). These are identifiable, preventable mistakes with serious consequences. A 2013 study found that about 4,000 surgical errors happen yearly in the United States.
If you find yourself a victim of a surgical never event, our medical malpractice lawyers at Goodman Acker, P.C. can help. We will provide legal advice about your case and the financial benefits you’re entitled to. Contact us at 248-286-8100 to book a free case review.
Why choose our medical malpractice attorneys to represent you?
Dealing with any kind of medical malpractice claim is complex and comes with its unique challenges. Therefore, we always advise surgical never event victims to seek legal representation. Our attorneys at Goodman Acker, P.C., have spent decades representing medical malpractice victims and have the skills and knowledge to help you hold a negligent doctor or surgeon liable and recover compensation. Our initial consultations are free, so call us at 248-286-8100 to schedule one.
We prioritize the interests of our clients and pledge to devote our time and resources to each case.
Types of surgical never events
Several errors may be considered a surgical never event, but these three are the most common:
- Operating on the wrong site (such as removing the wrong body part)
- Operating on the wrong patient
- Operating with the wrong procedure.
Leaving swabs or medical instruments inside the patient’s body and implanting the wrong device or prosthesis also count as surgical never events. These mistakes, while rare, often have devastating consequences. It is estimated that about 71% are fatal.
A study showed that surgical never events occur an estimated 79 times weekly in the United States: a surgeon leaves a foreign object like a sponge or towel in a patient’s body 39 times weekly; performs the wrong procedure on a patient 20 times weekly; and operates on the wrong body site 20 times weekly.
Causes of surgical never events
Physician negligence and carelessness contribute to surgical never events. However, studies found that a primary cause was miscommunication between the participants in the surgery. A lack of teamwork and failure to communicate with the patients, nurses, hospital staff, and surgeons are major contributing factors to these gross mistakes.
Furthermore, failure to correctly count the medical instruments and swabs and not getting the patient’s consent before the procedure can lead to a surgical never event. Additionally, distractions, mental fatigue from overworked and burned-out surgeons, stress, inadequate staffing, and poor handoffs can lead to a surgical never event.
How do surgical never events affect patients?
A surgical never event can have diverse consequences, some worse than others. A patient can suffer sepsis, infections, organ damage, or develop a medical condition they did not have before. In some cases, the patient might require more surgery, require the use of medical equipment all their life, or die. Whatever the case, as long as the surgical event resulted from negligence, you can seek compensation.
Prevention of surgical never events
Because these incidents are so severe, hospitals and medical organizations impose safety procedures and protocols to prevent them. The World Health Organization produced a safe surgical checklist in 2008. This 19-item checklist requires surgeons to ensure every detail is accounted for before surgery, before the anesthesia is even administered, or when an incision is made.
By using this checklist to increase safety, surgeons can avoid making serious mistakes regarding the patient’s care.
Since the introduction of the checklist, there has been a significant reduction in morbidity and mortality, and a majority of surgical providers around the world now use it.
Furthermore, a surgical timeout helps increase communication and teamwork with those involved. Surgical timeouts, imposed by The Joint Commission’s Universal Protocol, require surgeons to pause every surgical procedure to discuss the details and essential aspects with all the personnel in the operating room. This can help avoid a severe mistake and ensure everyone is on the same page before surgery.
Call our Detroit medical malpractice attorneys today!
At Goodman Acker P.C., we have successfully obtained settlements for numerous victims of medical malpractice. While preventative measures are being taken, surgical never events are still occurring. If you or a loved one have suffered from a surgical never event or other injury due to the carelessness of your health care provider, our firm can help.
We can investigate the incident, build your case, and represent you as you pursue the compensation you deserve. Contact us today at 248-286-8100 to schedule a free, no-obligation consultation.