Never Event Medical Malpractice Attorneys
in Pennsylvania
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Frischman & Rizza, P.C.
Quick Facts
“Never” Events are the most egregious type of errors that should never happen. Ranging from surgery in the wrong site to criminal maliciousness.
The researchers, reporting online in the journal Surgery, say they estimate that 80,000 of these so-called “never events” occurred in American hospitals between 1990 and 2010 — and believe their estimates are likely on the low side.
In the same study, it is found that Death occurred in 6.6 percent of patients, permanent injury in 32.9 percent and temporary injury in 59.2 percent.(Source: Johns Hopkins University)
Source: Johns Hopkins
NEVER EVENT MEDICAL MALPRACTICE
In December of 2012, Johns Hopkins University released a Report identifying several categories of completely preventable medical mistakes known as “Never Events.” A Never Event is an inexcusable error that never should occur.
When you seek medical care, you trust that healthcare providers will follow established safety standards designed to protect your well-being. While some complications are unavoidable, there is a category of medical errors that should never happen under any circumstances. These are known as “Never Events,” now more formally referred to as Serious Reportable Events (SREs)—a modern classification used to identify preventable errors that result in serious patient harm or death.
For individuals and families in Pittsburgh, PA, understanding the difference between a known medical risk and a preventable error is critical. At Frischman & Rizza, P.C., we have represented victims of medical malpractice throughout Western Pennsylvania for decades. Many of our clients come to us unsure whether what they experienced was negligence. In many cases, these incidents fall into the category of Never Events—errors that are widely recognized as avoidable when proper protocols are followed.
According to Johns Hopkins University, an estimated 80,000 Never Events occurred in U.S. hospitals between 1990 and 2010, with outcomes including “death in 6.6 percent of patients, permanent injury in 32.9 percent, and temporary injury in 59.2 percent.” These numbers underscore the serious and lasting consequences of preventable medical errors and highlight why legal accountability is so important.
If you or a loved one has been harmed by a preventable medical mistake, our team is here to help you understand your rights and pursue the compensation you deserve.
What Is a Never Event?
A Never Event is a clearly identifiable, preventable medical error that should not occur if proper safety procedures are followed. Originally defined by the National Quality Forum (NQF), these events are now more formally categorized as Serious Reportable Events (SREs) and have expanded to reflect the growing complexity of modern healthcare.
While the term “Never Event” is still widely used, the updated SRE framework includes a broader and more structured list of errors that go beyond traditional surgical mistakes. These incidents often result from breakdowns in communication, failures in safety protocols, or systemic issues within healthcare organizations. In fact, patient safety experts emphasize that “many of these tragic events are due to failures in basic patient safety practices and breakdowns in communication.”
Understanding this distinction is essential. While some adverse outcomes are unavoidable, Never Events represent clear deviations from accepted medical standards and are often strong indicators of negligence.
Types of "Never Events"
Wrong Surgery is Performed
This occurs when a surgeon performs the wrong surgery on a patient. For example, a patient is scheduled for a knee replacement and the surgeon performs a hip replacement.
Environmental
These events include electrical shock, oxygen lines that contain no gas or the wrong gas, burn injuries, and the use of bed restraints that result in serious patient injury or death.
Retained Foreign Object
This occurs when a surgical instrument, a towel or a sponge, is left inside the patient’s body.
Radiologic
This occurs when a metal object is introduced into the MRI area and results in patient injury.
Patient Care Management
This occurs when the wrong type of medication or blood product is administered and causes harm to the patient.
Criminal
This occurs when medical treatment is provided by someone who is impersonating a healthcare professional, when a patient is abducted or when a patient is physically or sexually abused.
Legal Rights After a Never Event in Pennsylvania
Because Never Events are considered preventable, they often play a central role in medical malpractice claims. In many cases, their occurrence strongly suggests that the standard of care was not met.
If you or a loved one has experienced a Never Event in Pittsburgh, PA, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Long-term care or rehabilitation
Pennsylvania law requires that malpractice claims be filed within a specific timeframe and supported by a certificate of merit from a qualified medical expert. These requirements make it essential to work with an experienced legal team.
At Frischman & Rizza, P.C., we thoroughly investigate each case, review medical records, and consult with experts to determine whether negligence occurred. Our goal is to hold healthcare providers accountable and secure the best possible outcome for our clients.
Safety Measures and Prevention
Healthcare providers can reduce the risk of Never Events by implementing strict safety protocols, including:
- Surgical time-outs to confirm patient identity and procedure
- Accurate counting of surgical instruments and materials
- Clear communication among medical teams
- Ongoing training and education
- Monitoring systems to detect early warning signs
While these measures are effective when properly followed, failures in implementation continue to result in preventable harm.
Contact Frischman & Rizza, P.C. Today
If you or a loved one has been injured due to a preventable medical error, taking action quickly is important. Understanding whether a Never Event occurred can be the first step toward pursuing justice and financial recovery.
The attorneys at Frischman & Rizza, P.C. have been serving clients in Pittsburgh, PA, and across Pennsylvania since 1992. We offer:
- Free consultations
- No fees unless we win your case
- Experienced representation in complex malpractice claims
Call (412) 247-7300 today or contact us online to schedule your free case evaluation.
Never Event Medical Malpractice FAQs
What is considered a Never Event?
A Never Event is a preventable medical error that should not occur when proper safety protocols are followed, such as wrong-site surgery or retained surgical instruments.
Are Never Events always malpractice?
Not always, but they often provide strong evidence of negligence because they involve clear failures to meet accepted medical standards.
What are some lesser-known Never Events?
Examples include air embolisms, failure to act on test results, patient disappearance, and neonatal harm during routine care.
How common are Never Events?
Thousands of preventable medical errors occur each year in the United States, many of which fall under the Serious Reportable Events classification.
What should I do if I suspect a Never Event?
You should consult with an experienced medical malpractice attorney as soon as possible to evaluate your case and protect your legal rights.
Injured due to a Surgical Never Event?
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Safety Measures To Prevent Never Events
Although human error can always occur, the following safety measures can reduce Never Events from occurring:
- Operating Room Time Outs – prior to beginning surgery confirmation as to the patient and planned procedure is obtained.
- Performing accurate counts before and after a surgical procedure of the surgical tools and sponges.
- Marking the correct site of the surgical procedure.
- Instituting policies and procedures for communication among the surgical team.
Frequency
Unfortunately, Never Events are not as rare as one may think. According to Johns Hopkins University, an estimated 80,000 Never Events occurred in US hospitals between 1990 and 2010. During this time period:
- The wrong surgical procedure was performed on patients an estimated 20 times per week.
- The wrong body part was operated on by surgeons an estimated 20 times per week.
- A foreign object, such as a surgical instrument, a surgical towel or a surgical sponge was left in patients an estimated 40 times per week.
Patients between 40-49 were the most vulnerable for a Never Event. Also, the most Never Event mistakes were made by surgeons less than 60 years old.
Sadly, these Never Events continue to occur today at the rate of approximately 4,000 new cases each year. These lapses in medical care which are unambiguous, preventable and clearly identifiable represent a major healthcare quality problem that causes needless injury and millions of dollars in otherwise unnecessary medical care each year.
Again, “Never Events” are totally preventable medical mistakes. If you or a loved one has suffered a “Never Event,” call our knowledgeable and experienced office today.
Frischman & Rizza, P.C.
In Western PA Since 1992
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