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Never Events

Doctors make mistakes. While some errors may be understandable, there are certain errors that no doctor should ever make. These events have been referred to as “never” events.

Recent studies show that a never event may occur as many as 80 times each week.

If you or someone you love was the victim of a never event, you should speak with a medical malpractice lawyer from Hartman Law Firm, L.L.C. now. Because never events are so bad, you may be entitled to compensation for the harm that the error has caused you. Find out more by calling us today toll-free or submitting our online form.

What is a Never Event?

A never event is a mistake without an excuse. According to the Agency for Healthcare and Research Quality, there are 29 errors defined as “never events.” They are grouped into different categories.

They include:

  • Care management – An error in administering medication or blood products administered in an unsafe manner that leads to serious injury or death, including harm to a mother or baby during labor or delivery in a low-risk pregnancy, artificial insemination with the incorrect sperm or donor egg,
  • The loss of a biological specimen or harm to a patient as a result of failing to provide follow-up care.
  • If a patient acquires stage 3 or 4 pressure ulcers (bed sores), or;
  • If a patient fall when in a healthcare setting, it can be considered a care management event.
  • Product/device – When a medical device is used in an incorrect manner or when a medical device is misused or a tainted medical device or drug is used and causes death.
  • Patient protection – When a care facility releases a patient who cannot care for himself to someone other than an authorized person,
  • The disappearance of a patient that leads to disability or death or,
  • The suicide or attempted suicide of a patient that occurs while the patient is being cared for in a healthcare facility.
  • Environmental – examples include: electrical shock, oxygen lines containing no gas or the incorrect gas, burn injuries, and the use of bed restraints that cause serious injury or death.
  • Radiological events – When a negligent person allows for the introduction of a metallic object during an MRI, causing death or serious bodily injury.
  • Surgical error – For example, when surgery is performed on an incorrect body part or the incorrect patient, the incorrect surgery is performed, or a foreign object such as a surgical sponge or medical device is left inside of a patient’s body.
  • Criminal events – Care provided by someone impersonating a health doctor, abduction of a patient, sexual abuse of a patient by a health doctor or physical assault of a patient in a healthcare setting.

These things should not ever occur in a healthcare setting and when they do, the doctor, or healthcare facility can be held legally liable for the consequences.

How Often Do Never Events Occur?

A recent study, based on data collected between 1990 and 2010, indicates around 80,000 never events have occurred in the U.S. during that time.

According to the study:

  • Patients underwent the incorrect procedure 20 times a week.

  • The incorrect body part was operated on 20 times a week.

  • Surgeons left foreign objects in a patient 49 times a week.

Not surprisingly, surgeons that had a history of malpractice made it more likely that one of these events would occur.

What Do You Do If You Are the Victim of a Never-Event?

If this happens to you or someone you love, you should speak with us immediately. You may very well have a good case.

Your cooperation will be needed in order to make your case and justify any losses that you want to claim.

Some forms of payment that you can pursue include: payment of medical costs, lost wages, any future reduction in earning potential, pain and suffering, emotional distress, wrongful death damages, etc.

An experienced medical malpractice lawyer can help you to gather the evidence that you need to get the compensation you deserve.

Emergency Room Injuries

The number of previously healthy people who die every year from hospital error is about 7,150. The remainder of preventable deaths occurred in patients with less than a three-month life expectancy.


Because of the healthcare situation in the United States, emergency room use is rising. However, the number of emergency departments across the U.S. is falling, according to the National Center for Health Statistics. This development has led to medical professionals working harder and with more patients. It makes for a situation in which mistakes can be made. However, the circumstances do not change the obligations medical professionals have to avoid mistakes when they treat patients.

If you or someone you love has been injured or killed because of an emergency room error, you have rights under the law against the defendant. To learn how the Charleston emergency room error medical malpractice lawyer at Hartman Law Firm, L.L.C. can help you, call us today toll free or contact us online. We represent clients throughout Charleston and across South Carolina. We can provide a free, no-obligation initial consultation.

Frequent Errors in Hospital Emergency Rooms

There are approximately 136.1 million emergency room visits in the U.S. every year. That statistic means for every 100 people there are 45 visits to an ER in any given year. Meanwhile, with the recent changes to health care in the United States, it is likely the volume of people seeking treatment at the ER is going to continue increasing.

According to a recent Wall Street Journal, 37 to 55 percent of emergency room negligence cases arise from diagnostic errors.

Other frequent ER errors include:

  • Misdiagnosis of symptoms

  • Delayed diagnosis (for instance, failing to report a positive result from a cancer test)

  • Failure to supervise medical staff, allowing them to diagnose ( such as a registered nurse or physician’s assistant)

  • Failure to order or to properly read tests

  • Inadequate staff to treat patients and/or monitor patients’ symptoms

  • Failure to follow guidelines dictating proper medication procedures or to maintain cleanliness in the establishment (a recent study found that 90 percent of hospital deaths are as a result of medical errors caused by failing to follow systems and procedures)

The hurried environment of an emergency room does not allow doctors and other medical staff to fail to diagnose, delay diagnosis, fail to order or properly read relevant tests, provide inadequate staffing, or fail to follow dictated guidelines intended to protect patients. Such emergency room errors may constitute medical negligence or medical malpractice if a patient is harmed.

An emergency room error attorney with experience in medical malpractice claims can help evaluate the circumstances of your or your loved one’s injury. A lawyer will work with medical experts to evaluate whether healthcare standards were met and advise you of your legal options.

Contact the Hartman Law Firm now for your free 20-minute consultation

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Free Consulation and Case Evaluation

Frank offers a Free Case Evaluation and Consultation. He will visit with you at your convenience at your home or hospital bed to evaluate your matter. This is done on a case by case basis.

Frank Hartman opened The Hartman Law Firm, LLC in 2011 in Charleston, South Carolina. He chose Charleston so he could help his clients get the best results. He knows the people of South Carolina deserve better.

Frank concentrates his legal practice in several personal injury practice areas. His success in representing his clients is evident in the numerous case results cited. The office of the Hartman Law Firm brings a warm welcome and an understanding legal representation that you'll be hard pressed to find elsewhere.

Learn more about Frank's success in getting his clients the compensation they deserve in the Case Results and Testimonials pages.

The Hartman Law Firm, LLC

Serving North Charleston and the Charleston Metro Area

6650 Rivers, Ave, Suite 600

North Charleston, SC 29406

305 W Indian Ave

Folly Beach, SC 29439

Phone: (843) 300-7600