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What Are “Never Events” in Surgery?

Posted by Coates & Johnson PLLC September 21, 2026 Surgical Errors

Some surgical mistakes are so obvious and preventable that the medical community has coined a term for them: “never events.” As the name suggests, these are errors that should never happen, under any circumstances, in a properly functioning medical environment.

Defining a Never Event

A never event is a serious, preventable medical error that violates accepted medical standards and causes severe harm to a patient. These errors typically result from failures to maintain safety protocols or proper communication between providers.

Never events can happen in any medical setting, but several occur specifically during surgery. Key examples include:

  • Operating on the wrong body part
  • Performing the wrong procedure
  • Operating on the wrong patient.
  • Leaving surgical items inside a patient’s body.
  • Using contaminated surgical tools during an operation.
  • Serious injury or death from anesthesia errors.

The common thread between these never events is they cause catastrophic injuries and condition for the patients that undergo them.

Never Events and Malpractice Claims

As discussed above, never events are completely avoidable. Therefore, they carry significant weight in malpractice lawsuits. Medical providers cannot easily argue these mistakes were acceptable risks of treatment.

A malpractice claim requires proving four elements: duty, breach, causation, and damages. Never events make several of these easier to establish than a typical malpractice case.

  • Duty of care in treating the patient. This element is rarely in dispute in never event cases.
  • Breach of the standard of care. This elements occurs through violations of accepted medical standards.
  • Causation. The harm flows directly from the error.
  • Damages. You suffered actual harm, including damages and pain and suffering related to the event.

Hospitals often track never events internally, and those records can provide evidence of medical negligence for your treatment.

Evidence for Your Claim

Following a critical safety incident, healthcare facilities frequently launch internal reviews. Key documentation that can substantiate your claim includes:

  • Detailed operative logs
  • Surgical instrument count documentation
  • Detailed nursing progress notes
  • Comprehensive anesthesia administration logs
  • Internal facility incident filings
  • Diagnostic imaging scan and lab test findings
  • Shift assignments and staff scheduling logs
  • Facility safety guidelines and employee training protocols
  • Inter-staff messages and care team correspondence

Certain hospital files may fall under legal confidentiality protections or medical peer review privileges. A knowledgeable attorney can assess which files are accessible and utilize formal discovery channels to obtain crucial documentation for your case.

Compensation Available in a Never Event Claim

If you or a loved one experienced a never event, you should obtain appropriate medical treatment first. You should also request a complete copy of your medical records and keep documents relating to follow-up care and damages.

Never events come with never-imagined losses that trigger extensive medical costs, lost income, and pain and suffering. Through a medical malpractice claim, patients harmed by a never event may recover:

  • Medical costs to treat the injury and correct the error
  • Lost income during recovery from the additional harm
  • Pain and suffering caused by the preventable event
  • Permanent impairment or disfigurement resulting from the error
  • Emotional distress from experiencing a shocking, avoidable failure
  • Punitive damages, in cases showing a pattern of ignoring safety protocols

An experienced Las Cruces malpractice lawyer can help you track and calculate your damages. If you were harmed by one of these errors, Coates & Johnson can investigate and help you pursue compensation. Contact us today for a free consultation.

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  • What Should Happen During Post-Op Monitoring?
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