Can You Sue for Never Events in Medical Malpractice? Yes, in many cases you can. Never events refer to serious, preventable medical errors—such as wrong-site surgery or leaving surgical instruments inside a patient—that should never occur in modern healthcare. When these mistakes happen, patients often suffer severe injury or long-term complications. Victims and their families have the right to pursue legal action against the responsible medical professionals or institutions. Consulting an experienced medical malpractice attorney can help you understand your legal options, prove negligence, and secure fair compensation for the harm caused by these preventable errors.
Never Events reflect a failure to follow basic safety standards in medical treatment. They signal a serious breakdown in care, not just an unfortunate outcome. Victims of these events may have grounds for a malpractice claim.
At Furman Honick Law, we are committed to holding negligent healthcare providers accountable. Call (410) 864-5410 for a confidential consultation.
Understanding Never Events in Healthcare
The term Never Event was first introduced in 2001 by Dr. Ken Kizer, then CEO of the National Quality Forum (NQF), a nonprofit organization focused on healthcare quality and patient safety.
Never Events are serious medical errors that are largely preventable, clearly identifiable, and often result in severe injury or death. Their occurrence typically indicates a breakdown in a facility’s safety procedures.
Despite the name, Never Events still happen, including at hospitals and medical facilities in Baltimore, Annapolis, and throughout Maryland. If you or a loved one has been affected by one of these incidents, speaking with a Maryland medical malpractice lawyer is an important step toward understanding your rights.
Common Types of Never Events in Maryland Hospitals and Clinics
The National Quality Forum (NQF) groups Never Events into several broad categories, all of which involve serious, preventable medical mistakes. These incidents are rare but often lead to significant harm and are typically avoidable with proper protocols in place.
- Surgical Errors: Operating on the wrong body part, performing the wrong procedure, or leaving surgical tools inside the patient. These mistakes are rare but dangerous and often stem from failures in communication or surgical protocols.
- Device and Product Issues: Injuries caused by contaminated medications, faulty equipment, or improper use of medical devices, such as air embolisms from incorrect catheter placement.
- Patient Protection Failures: Examples include discharging a newborn to the wrong person or not monitoring a vulnerable patient who wanders off and is harmed.
- Care Management Errors: Medication mistakes, incorrect blood transfusions, and complications during otherwise low-risk deliveries. This category also includes preventable falls and pressure ulcers during hospital stays.
Other categories recognized by safety organizations include environmental hazards (like electrical injuries or burns), radiologic incidents (such as unsafe exposure), and criminal acts involving staff or other patients.
The Agency for Healthcare Research and Quality (AHRQ) provides further guidance on preventing these events, but when they do happen, the consequences can be severe. If you believe a Never Event occurred during your care at a Maryland hospital or clinic, speak with a Maryland medical malpractice lawyer to review your options and protect your rights.
Can You Sue for a Never Event in Maryland?
A Never Event is a serious medical mistake that should not occur when appropriate standards are followed. While the classification of an error as a Never Event by an organization like the National Quality Forum can be significant, it does not automatically mean that medical malpractice has taken place under Maryland law.
However, it often signals a serious lapse in care. If something like this has happened to you or a loved one in a Maryland healthcare facility, it is important to speak with a Maryland medical malpractice lawyer to understand your legal rights.
How Never Events Relate to Maryland Medical Malpractice Claims
To bring a successful medical malpractice claim in Maryland, several legal elements must be established. First, there must have been a duty of care, which usually exists in a doctor-patient or hospital-patient relationship. Second, the healthcare provider must have failed to meet the accepted standard of care. A Never Event often strongly suggests that this standard was not met.
Never events are clear, preventable medical errors that typically reflect a breakdown in safety protocols or professional standards. In Maryland, these incidents often serve as strong grounds for a medical malpractice claim—especially when they result in serious harm. Navigating this process requires skilled legal guidance. If you’re considering filing a claim, it’s helpful to understand what to expect when working with an injury lawyer so you can approach your case with confidence and clarity.
Third, you must be able to show that the failure directly caused your injury. Lastly, you must have experienced measurable harm. This might include physical injury, emotional distress, or financial losses. A Maryland medical malpractice lawyer will examine these issues carefully and build a case based on medical records, expert testimony, and evidence of the injury.
In Maryland, the legal process also requires filing a Certificate of Qualified Expert. This must be completed by a healthcare professional who practices in the same field and can support the claim that negligence occurred and caused harm. This requirement is part of Maryland’s Health Care Malpractice Claims Act, under Courts and Judicial Proceedings § 3-2A-04.
Real-Life Examples of Never Events in Maryland Medical Facilities
Never events—like wrong-site surgeries, severe bedsores from neglect, or prescription overdoses—still happen in Maryland hospitals and care facilities. These preventable mistakes often signal serious lapses in patient safety. If you or a loved one has been affected by such an error, you may have grounds for legal action. Our Maryland medical malpractice and injury claims page explains how these cases are handled and what your options may be.
You have the legal right to request copies of your medical records from the hospital or facility where the incident occurred. It’s also helpful to write down everything you remember while the details are still fresh.
Include dates, names of medical staff, what was said, and anything unusual that stood out. If anyone else witnessed what happened, such as a family member or friend, try to get their account as well.
This information can help a Maryland medical malpractice lawyer understand what occurred and whether the situation may qualify as a Never Event under legal standards.
Why You Should Contact a Maryland Medical Malpractice Lawyer After a Never Event
Compensation You May Recover in a Maryland Never Event Lawsuit
If you or a loved one was harmed by a medical error that qualifies as a Never Event, you may be able to seek compensation for several types of losses. A Maryland medical malpractice lawyer can assess your situation and identify all potential areas of recovery.
Economic Damages for Medical Errors in Maryland
These damages are based on actual financial costs caused by the medical error. They may include:
- Additional medical bills for corrective procedures, hospital stays, medications, or follow-up care
- Future medical expenses, including rehabilitation, physical therapy, or long-term treatment
- Lost wages if your injury kept you from working
- Reduced earning capacity if the harm affects your ability to work in the future
- Costs related to in-home care, medical equipment, or home modifications for ongoing needs
These financial losses can add up quickly, and a Maryland medical malpractice lawyer can help pursue compensation to ease the burden on you and your family.
Non-Economic Damages: Pain, Suffering, and Emotional Harm
Non-economic damages address the personal and emotional toll of a Never Event. In Maryland, they may include:
- Physical pain and emotional suffering
- Anxiety, depression, or mental distress
- Loss of enjoyment of life
- Disfigurement or scarring
- Loss of companionship or impact on a marital relationship (loss of consortium)
Maryland law places a cap on non-economic damages in medical malpractice cases. This limit is defined under Maryland Code, Courts and Judicial Proceedings § 11-108, and the exact amount adjusts each year. A qualified Maryland medical malpractice lawyer can explain how this cap may affect your specific claim.
Why Choose Furman Honick Law for Your Maryland Never Event Case
Our Approach to Investigating Medical Errors in Maryland
We take a comprehensive approach to identifying medical negligence. Our legal team:
- Reviews all relevant medical records in detail
- Works with experienced, board-certified medical experts from Maryland and across the country
- Confirms where care failed and how that failure caused harm
- Prepares and files the required Certificate of Qualified Expert under Maryland law
We also look beyond the individual error. In many cases, hospital staffing problems, poor communication, or weak internal policies contribute to the mistake. Whether the event occurred in a large Baltimore hospital or a smaller facility in Columbia, we investigate thoroughly.
When investigating medical errors, we begin by understanding the full impact on your life and health. Our team collaborates with top medical experts to evaluate care quality and identify where providers failed to meet accepted standards. Strong documentation is essential throughout this process. That’s why we emphasize the importance of medical records in injury claims to support your case and establish liability.
Representing Clients Across Maryland
Our team handles cases throughout the state, including Western Maryland, Central Maryland, Southern Maryland, and the Eastern Shore. We understand the procedures and expectations in different county courts and tailor our strategies accordingly.
We are experienced trial lawyers and strong negotiators. While many cases settle, we prepare each one as if it may go to court. Our focus is on helping clients recover the full compensation allowed by Maryland law.
FAQs for Maryland Medical Malpractice Lawyer
A “Never Event” is a serious, largely preventable, and harmful medical error that indicates a significant breakdown in patient safety protocols. Examples include surgery on the wrong body part, leaving a foreign object in a patient, or severe medication errors. While the term is from national quality forums, a Maryland medical malpractice lawyer evaluates if such an event constitutes a breach of the Maryland standard of care.
Not automatically. While a Never Event is strong evidence that the standard of care was breached, a Maryland medical malpractice lawyer still must prove all elements of a malpractice claim under Maryland law, including that the breach directly caused your damages. This includes meeting Maryland’s specific requirement for a Certificate of Qualified Expert.
Maryland’s statute of limitations for medical malpractice claims generally requires a lawsuit to be filed within five years from the date the injury was committed or three years from the date the injury was discovered, whichever is earlier. There are some exceptions, particularly for minors. It’s crucial to speak with a Maryland medical malpractice lawyer promptly.
You may be able to recover economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering or emotional distress). Maryland law has caps on non-economic damages in medical malpractice cases. A Maryland medical malpractice attorney can explain what might be applicable.
Medical malpractice cases, even those involving apparent Never Events, are complex in Maryland. They require navigating specific legal procedures (like the Certificate of Qualified Expert), understanding nuanced medical issues, and countering defenses from healthcare providers and their insurers. A Maryland medical malpractice lawyer has the experience to build the strongest possible case.
Take the Next Step with a Maryland Medical Malpractice Lawyer You Can Trust
If you or someone you love was harmed by a medical error that should never have happened, you don’t have to face it alone. Never Events are serious incidents that may justify legal action, but pursuing a claim under Maryland law involves complex rules and deadlines.
At Furman Honick Law, we are here to help you understand your rights and take action. We will review your case, guide you through the process, and fight for the full compensation you may be eligible to pursue.
Call us today at (410) 844-6000 for a free, confidential consultation. Take the next step with a Maryland medical malpractice lawyer you can trust. If you’re ready to discuss your case, contact us today for a free, confidential consultation.