Patients have the right to sue for never events in medical malpractice when a hospital or doctor makes a serious, avoidable error. These events—such as wrong-site surgeries or leaving tools inside a patient—are considered entirely preventable and legally actionable. Understanding your rights is the first step toward seeking justice and compensation.
A Maryland medical malpractice lawyer can help if you or a loved one has suffered from a serious medical error known as a “Never Event.” These are preventable mistakes that should not occur with proper care. When they do, the consequences are often life-changing and may justify legal action.
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 their name, Never Events still occur—even at hospitals and medical facilities in Baltimore, Annapolis, and across Maryland. If a Never Event harmed you or a loved one, speak with a Maryland medical malpractice lawyer to understand your rights and take the next steps toward legal action.
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.
- Hospitals cause patient protection failures when they discharge a newborn to the wrong person or fail to monitor a vulnerable patient who then wanders off and gets hurt.
- 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. “If you’ve experienced a preventable medical error, you may have grounds for a claim. Learn more about Maryland medical malpractice and injury claims to understand your legal options.”
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
Consider a patient in a Baltimore hospital who wakes up to learn the surgeon operated on the wrong side of their body. In another case, a surgical team in Montgomery County finishes a procedure but accidentally leaves a sponge inside the patient.
Staff at a nursing home in Frederick fail to move or care for a resident properly, causing painful and advanced bedsores. In Annapolis, a pharmacist misreads a prescription and gives a patient ten times the correct dosage, leading to a dangerous overdose. At a rehab center in Owings Mills, staff leave a high-risk patient alone near a staircase, and the patient suffers a serious head injury. In each of these cases, strong documentation is essential—learn more about the importance of medical records in injury claims and how they help prove negligence in never events.
Experts call these situations Never Events—serious mistakes that never should happen when medical teams follow proper safety procedures. A Maryland medical malpractice lawyer can review your case and help you determine if you have a valid legal claim.
Why You Should Contact a Maryland Medical Malpractice Lawyer After a Never Event
Never Events are serious and can lead to lasting harm. The process for bringing a medical malpractice claim in Maryland includes specific legal steps and deadlines.
Missing a requirement can prevent your case from moving forward. A Maryland medical malpractice lawyer can review your situation, guide you through the legal process, and connect with experts who can support your case.
If you believe a Never Event occurred during your care, speaking with an attorney who understands Maryland malpractice law can help you make informed decisions about what to do next.
Compensation You May Recover in a Maryland Never Event Lawsuit
If a medical error that qualifies as a Never Event harmed you or a loved one, you may have the right to seek compensation for various losses. A Maryland medical malpractice lawyer will review your case and help you identify every possible area 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. To understand how we build strong cases from the start, learn what to expect when working with an injury lawyer in a medical malpractice claim.
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.
A Never Event doesn’t automatically guarantee compensation. Although it strongly suggests a breach of the standard of care, a Maryland medical malpractice lawyer must still prove every element of the claim. They need to show that the breach directly caused your damages and meet Maryland’s specific requirement for a Certificate of Qualified Expert.
Maryland law sets strict time limits for filing medical malpractice claims. In most cases, you must file within five years of the date the injury occurred or within three years of discovering the injury—whichever comes first. Some exceptions apply, especially for minors. A Maryland medical malpractice lawyer can help you act before the deadline passes.
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.