Never events are incidents in clinical practice so serious that they would not occur if proper standards were met. If you or a family member has experienced such an event, we fully appreciate how difficult the fallout can be. As you navigate its aftermath, you might have heard about never event claims but are unsure about where to start. Thankfully, we’re here to help you begin the process of seeking compensation after such serious hospital negligence.
Medical Negligence Solicitors UK Co. has many years of experience in handling medical law cases of all varieties. Our solicitors specialise in clinical negligence claims and design their service to fit your particular needs. From taking the time to build a supportive environment throughout the claims process to expertly negotiating on your behalf, your solicitor will be with you every step of the way.
Key Takeaways
- The NHS defines never events as serious incidents that are wholly preventable because ‘strong systemic protective barriers‘ exist at a national level.
- The Never Events Framework sets out how NHS staff should identify, look into, and respond to these events.
- Healthcare providers must record all never events and ensure that they are thoroughly investigated.
- While no uniform framework exists for private hospitals, private healthcare providers are still required to report serious incidents to the Care Quality Commission.
- Never events can include wrong-site surgery and the improper administration of medication via the incorrect route.
Our advisors are available 24 hours a day, so if you have questions or want to know if you can work with one of our No Win No Fee solicitors, we’ll always have someone on hand to take your call. Talk to us today using the contact details given here:
- Call us on 0330 123 0546.
- Get started with your claim online by filling out the callback form.
- Open the live chat on your screen to speak to an advisor now.
Jump To A Section
- Who Can Make Never Event Claims?
- Examples Of Negligence Resulting In A Never Event
- NHS Never Events Statistics
- Never Event Compensation Amounts
- How Should Never Events Be Prevented?
- What Do I Need To Bring A Claim For Never Event Compensation?
- No Win No Fee Never Event Claims
- More Information
Who Can Make Never Event Claims?
Any patient who has been avoidably harmed because they received substandard care can make never event claims. Medical professionals must provide patient care in line with the correct standards, and as we’ve said above, the occurrence of a never event would fall short of this expectation. This obligation is referred to as a duty of care, which has to be met by both professionals and medical facilities alike.
With this in mind, the eligibility requirements for claiming medical negligence compensation can be summarised with the following criteria:
- You were owed a duty of care by a medical professional.
- This breach resulted in a never event.
- The never event caused you avoidable harm.
Avoidable harm refers to any physical or psychological damage that could have been prevented if the correct standards had been met when caring for a patient. Since never events always constitute a breach of standards, any harm they cause is deemed avoidable.
Can I Claim For A Never Event On Behalf Of A Loved One?
Yes, you could claim for a never event on behalf of a loved one if they cannot pursue compensation on their own because they are under 18 or lack sufficient mental capacity. This would require you to be appointed as their litigation friend. By taking on this role, you would have the authority to direct the claim on behalf of your loved one and act in their best interests through the process.
You can learn more about claiming on behalf of another person by speaking to our advisors today.
Examples Of Negligence Resulting In A Never Event
Some examples of negligence resulting in a never event include failures to check patient notes, wrong-site surgery, and leaving foreign objects in a patient’s body. Below, we have a more detailed list of never event scenarios for which you might be able to seek compensation:
- Administrative errors resulted in a knee replacement surgery being started on your left knee when it should have been performed on the right. This surgical error caused further delay to your treatment, as well as additional pain, scarring, and permanent mobility issues.
- A surgeon left one of their instruments inside you after performing a procedure on your bowels. Before it was spotted, the instrument had caused further tissue damage to your organs, requiring further repair surgery post-removal.
- Your chemotherapy was administered intrathecally instead of via an IV line, but the medical staff failed to notice their error in time. This led to a significant overdose and nerve damage to the spine.
You can get a full eligibility assessment for your specific circumstances by speaking to our advisory team today.
NHS Never Events Statistics
For 2024 and 2025, NHS never event statistics recorded a total of 403 incidents during this period. From this total, wrong-site surgery was the most common never event at 185 incidents, with retained foreign objects coming in at second with 106 occurrences.
These numbers represent an increase in never events from the previous year. In 2023/24, 370 never events were recorded, with wrong-site surgery again being the most frequent incident type, occurring 179 times.
You can get further information on these statistics by chatting with one of our advisors.
Never Event Compensation Amounts
Since claims of this nature are for serious incidents, never event compensation amounts can reflect this. Medical negligence compensation can be awarded under 2 heads of claim:
- General damages: For physical and psychological distress.
- Special damages: Covering financial losses, which we’ll discuss in the next section.
Our solicitors can use your medical documents alongside the Judicial College Guidelines (JCG) to value general damages. This publication is beneficial for calculating payouts, as it lists suggested compensation brackets for various forms of harm. We have used some of these brackets in the table here.
Compensation Table
Please be aware that this information is included solely as guidance, and the top row isn’t from the JCG.
Type of Harm and Severity Guideline Notes
Very Serious Harm in Addition to Special Damages Up to £1,000,000 + Special damages for but not limited to lost income, care costs, and medical bills.
Paralysis - Tetraplegia £396,140 to £493,000 A case involving full awareness, no pain and a life expectancy of 25+ years will be compensated in the mid-range of this bracket.
Paralysis - Paraplegia £267,340 to £346,890 Features including pain levels, psychological effects, and the degree of independence will be considered.
Brain Damage - Moderate (i) £183,190 to £267,340 Moderate to severe deficit in intellect and shift in personality with a significant epilepsy risk and no prospect of employment.
Brain Damage - Moderate (ii) £110,720 to £183,190 Alongside moderate to modest intellectual deficit, claimant will have greatly reduced ability to work and some risk of epilepsy.
Leg Amputations - Above-Knee Amputation of 1 Leg £127,930 to £167,760 Compensation will consider severity of phantom pains, pain or other issues with stump, and connected psychological effects.
Arm Amputations - Loss of 1 Arm (i) Not Less Than £167,380 Amputation will be at the shoulder.
Knee Injuries - Severe (i) £85,100 to £117,410 Joint disruption, gross ligamentous damage and associated loss of function with considerable pain.
Knee Injuries - Severe (ii) £63,610 to £85,100 Leg fracture that extends into the knee resulting in constant pain and permanent limitation of movement.
Digestive System - Traumatic Injuries (i) £52,490 to £75,550 Severe damage resulting in continuing pain and discomfort
Digestive System - Traumatic Injuries (ii) £20,490 to £33,880 Non-penetrating harm that is serious, causing long-term or permanent complications.
Special Damages
As touched on, special damages can be awarded in circumstances where financial losses have been incurred due to avoidable harm. It is worth mentioning that this part of a payout can cover both past and future losses, such as:
- Lost income from any time taken off work, as well as any future impact on earnings.
- Care related to childcare, meal preparation, cleaning, and gardening, if you cannot perform these duties safely by yourself.
- Home adaptations, including ramps, handrails, stairlifts, and accessible bathroom facilities.
- Medical bills like prescriptions, therapy, private healthcare and rehabilitation services.
- Travel costs if you are unable to drive to work or to hospital appointments, for example.
Evidence of any costs you’re seeking compensation for will need to be provided. So, be sure to hold on to your payslips, travel tickets, prescription letters, receipts, and other documents.
We stress again that this section has been included for guidance purposes only. For a more personalised discussion of medical negligence compensation, speak to our advisors today using the details given below.
How Should Never Events Be Prevented?
According to the NHS, never events should be prevented by healthcare providers implementing the national-level guidance and recommendations that are designed to provide ‘strong systemic protective barriers.’ In 2024, NHS England undertook a consultation that concluded that never events could be prevented with refinements and expansions to the existing policies.
Of the 854 responses to this consultation, 744 from individuals and 120 on behalf of organisations, 66% believed the currency framework was unfit for purpose, and 48% were in favour of an alternative approach. Feedback has led NHS England to the following conclusions:
- Change the approach to never events from focusing on meeting a definition to focusing on learning.
- Support a culture where staff feel comfortable reporting and learning from such incidents.
- Better recognise complexities in healthcare delivery.
- Focus resources on areas that have the greatest potential for improvement.
Our advisors are available 24/7 if you’d like to discuss your own never event experience.
What Do I Need To Bring A Claim For Never Event Compensation?
To bring a claim for never event compensation, you will need medical records and other evidence showing how the care you received fell below standards and caused you unnecessary harm. You will also have to ensure that your claim is filed within the correct time limit.
Evidence In Never Event Claims
Here we have some examples of evidence that can be used in never event claims:
- Your medical records will show what harm has been sustained as a result of the never event, as well as any treatment you underwent because of your experience.
- Hospital staff, including your medical team, as well as any persons who accompanied you, could provide a witness statement to your solicitor. So, be sure to pass on all relevant contact information to your legal representative.
- Proof of your financial losses as examined above.
- Findings from the Bolam test, if applicable to your case.
The Bolam test involves a panel of relevantly trained medical professionals examining the care you received and deciding if the correct standards were met. The test isn’t used in every medical negligence claim, but if it is, any findings can form part of your evidence.
Is There A Time Limit To Claim?
Generally, there is a standard 3-year time limit for starting a medical negligence claim, as established by the Limitation Act 1980. These 3 years may be counted from either:
- The date the never event actually occurred.
- The date you would have been expected to realise the harm caused was due to the standard of care provided. This is known as the date of knowledge.
There are exceptions to this rule, which you can find out about by reading our guide to time limits in medical negligence claims. Our advisors can also provide further information, and would be happy to discuss how one of our solicitors could help you gather evidence for your claim.
No Win No Fee Never Event Claims
Contact our advisors to learn more about making No Win No Fee never event claims with one of our specialist medical negligence solicitors. Our solicitors have decades of experience between them, giving them the knowledge needed to help guide clients throughout the claims process.
If those years of practice have taught us anything, it’s that every claim is as unique as the person making it. So, we make sure the service you receive is likewise unique. Below we have listed just some of the many ways we can support you:
- Helping you gather supporting evidence, including interviewing any witnesses.
- Referring you to relevant specialists to support your recovery and get you access to the rehabilitation you need.
- Calculating a fair compensation figure that takes into account your financial losses as well as the physical and psychological harm you endured.
- Keeping you informed of how the case is developing and explaining all the technical legal terms.
- Negotiating a settlement on your behalf and acting as the primary point of contact when communicating with the other party’s representatives.
Our solicitors offer their services under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This protects our clients from having to pay solicitor service fees at the start of or during the claims process, as well as when a case is lost.
When claims win, our solicitors charge a success fee by taking a small percentage of the compensation. The Conditional Fee Agreements Order 2013 imposes a strict limit of 25% on the percentage, ensuring most of the compensation goes to you.
Contact Our Medical Negligence Solicitors
There’s a lot of information here, and we fully anticipate you having questions, concerns, or wanting to get started with a potential claim as soon as possible. So, our advisors are available at all times to take your call and offer a free eligibility consultation. Talk to us today using the contact details given here:
- Call us on 0330 123 0546.
- Get started with your claim online by filling out the callback form.
- Open the live chat on your screen to speak to an advisor now.
More Information
You can view more medical negligence claims guides here:
- Find out if you could claim following a failure to obtain informed consent for medical treatment.
- Check if you could claim for delayed treatment medical negligence.
- Read this guide on how to claim compensation for nerve damage after surgery.
These external resources provide additional information that you may find useful:
- The Royal College of Surgeons provide the standards of care surgeons in England must follow when providing medical treatments.
- Learn about NHS Resolution on their website.
- Find out how the Care Quality Commission does their job.
Thank you for taking the time to read our guide on never event claims, and please don’t hesitate to reach out for further information, answers to any questions, or a free eligibility check.