Understanding “Never Events” in Surgery

Some surgical errors are so serious that the medical community agrees they should never happen. These “never events in surgery” can lead to devastating injuries when hospitals fail to follow basic safety steps or standard procedures. But in operating rooms across New Mexico, patients still suffer harm because preventable mistakes continue to occur.

At Poulos & Cavazos, we help families find out why. Many of our clients come to us after surgery with the same question: Was this just a risk of the procedure, or did the hospital make a critical mistake?

In cases involving never events in surgery, the harm usually points to a safety failure that responsible providers should have prevented. Here’s what you need to know.

What Are Never Events?

A never event is a medical error that leads to serious injury or death because a hospital or surgical team skipped a required safety step or failed to follow the correct procedure. These are not rare complications or unpredictable outcomes. They represent clear violations of patient safety standards.

The National Quality Forum first introduced the term “never event” to highlight catastrophic medical mistakes that standard protocols aim to prevent. In surgery, these failures often involve problems with communication, patient verification, or equipment handling, each putting patients at unnecessary risk.

Hospitals in New Mexico follow national patient safety guidelines that outline how to prevent never events in surgery. Although state regulations focus on reporting serious incidents after they occur, medical providers are still expected to maintain proactive safety systems. When hospitals and surgical teams fail to meet these expectations, patients are the ones who suffer the harm.

Examples of Never Events in Hospitals

Medical groups and patient safety organizations compile lists of errors that fall into the never-event category. Below are examples of never events in hospitals that involve surgical procedures:

• Surgery on the wrong body part;
• Surgery on the wrong patient;
• Leaving a sponge, tool, or medical device inside the patient after surgery;
• Using contaminated instruments or equipment during surgery;
• Administering the wrong type of anesthesia or improper dosage; and
• Post-operative complications from known safety violations, such as skipped infection control steps.

These events occur because the surgical team missed or ignored critical safety steps during the procedure. That failure directly injures the patient. Patients who experience these errors often face longer hospital stays, additional surgeries, or permanent complications that require lifelong care and ongoing medical treatment.

What Causes Surgical Mistakes?

Many patients and families ask what causes surgical mistakes that rise to the level of a never event. The answer usually involves multiple breakdowns across the surgical process, not just a single person’s error. These failures build up through missed steps, poor communication, and lapses in basic safety routines.

Common causes include:

• Failing to mark the correct surgical site;
• Miscommunication between surgeons, anesthesiologists, and nursing staff;
• Skipping time-out procedures designed to catch wrong-site or wrong-patient errors;
• Fatigue or distraction during surgery;
• Improper equipment handling or maintenance;
• Incomplete staff training or supervision; and
• System-level failures in hospital policy or oversight.

Each of these problems reflects a violation of patient safety standards. Hospitals and surgical teams are expected to prevent these errors by following well-established protocols. When those safeguards break down, the risk of a never event increases.

How Never Events Relate to Malpractice

When a patient suffers harm because surgical teams ignore safety standards during surgery, the case often qualifies as medical malpractice. Hospitals and surgical teams are legally and ethically responsible for following patient safety protocols. Ignoring those protocols puts lives at risk. New Mexico law allows patients or their families to pursue a claim when that failure leads to serious injury or death.

A malpractice case after a never event in surgery usually involves both financial and personal losses. Patients may need compensation for medical bills, lost wages, additional surgeries, rehabilitation, and long-term care. Many families also seek help because they want the hospital to take responsibility and fix the underlying safety problem that led to the injury.

Consider a case where a surgical team leaves a sponge inside a patient after abdominal surgery. The error isn’t discovered until weeks later when the patient returns to the hospital with severe pain, infection, and the need for emergency surgery. The additional procedures, hospital stays, and recovery time create not only physical hardship but also financial stress and emotional trauma. This kind of event turns a routine procedure into a life-altering situation for the patient and their family.

Malpractice claims may cover the cost of recovery and prompt hospitals and surgical centers to review policies, retrain staff, and strengthen safety measures to prevent similar mistakes.

What to Do If You Suspect a Never Event

After a serious surgical injury, hospitals do not always explain exactly what went wrong. Patients and families are often left without a clear answer, especially when the error involves a never event. That’s why it’s essential to take action quickly.

Steps to consider:

• Request copies of all medical records related to the surgery;
• Document all conversations with doctors and hospital staff; and
• Contact a malpractice lawyer with experience in surgical error cases.

Working with an attorney gives patients and families a way to move forward after a surgical mistake that never should have happened. A malpractice claim holds the hospital accountable and helps secure the financial support needed for recovery, care, and long-term stability.

Talk to a New Mexico Malpractice Lawyer Today

Never events in surgery are some of the most serious forms of medical negligence. Handling these cases requires both medical and legal knowledge. Poulos & Cavazos is one of the only law firms in New Mexico focused exclusively on medical malpractice.

With over 50 years of combined experience, we have the background to handle these complex claims and the track record to pursue them effectively.

If you or a loved one suffered harm because of a never event in surgery, contact Poulos & Cavazos at 575-523-4444 for a free consultation.

Frequently Asked Questions About Never Events in Surgery

What is a Never Event in Surgery?

A never event in surgery is a serious, preventable medical error that should not happen when hospitals and surgical teams follow proper safety procedures. Examples include wrong-site surgery, surgery on the wrong patient, or leaving a surgical tool or sponge inside a patient.

Are Never Events Considered Medical Malpractice?

Never events may be considered medical malpractice when a patient is harmed because a hospital, surgeon, or medical team failed to follow accepted safety standards. These cases often involve preventable mistakes that should have been avoided with proper procedures.

What Are Examples of Never Events in Hospitals?

Examples of never events include surgery on the wrong body part, surgery on the wrong patient, retained surgical objects, contaminated surgical equipment, anesthesia errors, and preventable post-operative complications caused by skipped safety steps.

What Causes Never Events in Surgery?

Never events often happen because of communication failures, skipped time-out procedures, incorrect surgical site marking, fatigue, poor training, equipment problems, or failures in hospital policies and oversight.

What Should I Do if I Think a Never Event Happened During My Surgery?

If you suspect a never event occurred, request copies of your medical records, document conversations with doctors and hospital staff, and contact a medical malpractice lawyer who handles surgical error cases.

Can I Sue a Hospital for a Never Event in New Mexico?

You may be able to pursue a medical malpractice claim in New Mexico if a never event caused serious injury, additional medical treatment, long-term complications, or death. A malpractice attorney can review your records and help determine whether the hospital or surgical team may be responsible.

Victor Poulos, JD

For more than two decades, Victor Poulos has devoted his practice exclusively to representing patients and families harmed by medical negligence. He has handled complex medical malpractice cases involving hospitals, surgeons, anesthesiologists, and other healthcare providers, and has taken hundreds of depositions of physicians, nurses, and hospital staff across nearly every medical specialty. Mr. Poulos has successfully tried high-stakes malpractice cases to verdict and is known for his meticulous case preparation and relentless advocacy on behalf of injured patients.

Rate this Post

Loading...