Medical Malpractice Events That Should “Never” Occur

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Medical Malpractice Events That Should “Never” Occur

Medical Malpractice Events That Should “Never” OccurWe expect the medical professionals who take care of us to faithfully execute their responsibility to provide us with a proper duty of care. Unfortunately, doctors and other medical care providers make errors and sometimes these errors result in long term or irreparable harm to the patient. The term “never event” with respect to medical malpractice refers to an event, although rare, that should never occur.

The National Quality Forum (NQF) has classified “never events” into seven major categories:

  1. Surgical
  2. Product or device
  3. Patient protection
  4. Care management
  5. Environmental
  6. Radiologic
  7. Criminal

Some of the most common “never events” are explained below.

Surgical events

Surgical “never events” can include leaving an instrumental or tool inside the patient after surgery, operating on the wrong body part, operating on the wrong patient, removing the wrong organ, death that results from routine surgery or immediately after surgery with a healthy patient. Over 4,000 surgical never event claims occur each year, according to information published in the journal Surgery.

Sometimes these events are caused by errors involving medical records in patient charts for the handling of this information. If the presiding doctor or surgeon has the wrong information about the individual here she is operating on or the type of surgery or medical procedure to be performed, a surgical “never event” can occur. As it concerns leaving foreign objects in a patient during surgery, various items such as gloves, gauze, surgical tools, clamps, needles, scalpels, among others may be left behind.

For these reasons, it is vital for surgeons, nurses, and other medical personnel to conduct a thorough inspection of the surgical area before closing.

Device or product events

Never events that result from devices were products may stem from contaminated or improperly designed devices, or medications that produced dangerous health consequences for the patient. This can include injuries suffered by the patient as a result of a medical provider recommending a device or product not according to its intended use.

Patient protection events

Health care facilities and professionals are required to implement appropriate protocol when caring for patients who are unable to care for themselves and make their own decisions. This can include elderly patients with memory issues, minors, infants, and other persons under the care of another party. Patient protection “never events” can occur when:

  • The patient disappears and sustains a serious injury or death
  • The patient is released or discharged to an unauthorized individual
  • The patient attempts suicide, self-harms, or successfully commits suicide while under the care of a health care facility

Care management events

Some events should never happen while patients are under the care of medical professionals. These events, as mentioned above, may occur in a surgery setting, but they also may occur in the context of emergency room negligence or other standard care negligence. These include:

  • Low-risk pregnancy leading to serious injury during or after labor or delivery, or in the worst cases, maternal death
  • Medication errors such as wrong dosage, wrong drug, wrong drug preparation, wrong time of administration, wrong route or method of administration, and wrong rate of administration
  • Patient falls in a health care setting
  • Wrong administration of blood products
  • Using the wrong sperm or egg in the artificial insemination process
  • Infant death due to labor or delivery mismanagement with a low-risk pregnancy
  • Death of the patient resulting from communication failures or failure to check and stay current with pathology, laboratory, or radiology test results

If a “never event” has left you or a loved one seriously injured, you have the right to pursue legal action that can successfully hold to account the liable parties in your case. At Eichen Crutchlow Zaslow, LLP, our New Jersey medical malpractice attorneys can carefully investigate and fight to secure the maximum compensation you deserve for your injuries and losses. To arrange a free consultation at one of our three conveniently located offices in Red Bank, Edison, and Toms River, give us a call today at 732-384-1331 or use our contact form to send us a message. We fight for clients throughout the state.

 

 

 

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"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-22T00:29:45+00:00

~ Client

"The list is LONG of the wonderful things that I can say about Barry, Maria (his assistant) & the rest of the folks that I had the HONOR of spending time with during my case. I brought my case to another lawyer that told me that I have no case, yet Barry was not only able to WIN, but he WON a substantial amount! Lawyers have awful reputations, but Barry defies every single one of them! Barry Eichen genuinely CARES about his clients!! NOTHING was too much to ask for – there was no such thing as too many phone calls! Without a doubt, I was in the BEST HANDS with Barry as my attorney! I not only WON my lawsuit, but I also WON lifelong FRIENDS!"

I have to say he is a great person.

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:42:12+00:00

~ Client

"I had a bad accident back in June of 2015. My dad knows Barry. I have to say he is a great person. I was unsatisfied with some things that were happening with a previous lawyer and he made sure everything was fixed and I was satisfied. My lawyer Edward McElroy is great he answers emails in a timely matter even on weekends. I know they probably used to get annoyed with me calling all the time Lol. But I was just curious to what is going on with my case. Nicole, Ed’s secretary is great. She always responds back to my emails in a timely matter as well and even checks up on things with me from time to time. Barry recently became my mother and cousins Lawyer do to a bad accident they were involved in as well. I would highly recommend this firm. Thanks guys 🙂"

Mr. Zaslow is truly the best.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

~ C.C.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:44:24+00:00

~ C.C.

"The loss of my husband due to malpractice was and is devastating, Daryl took on our case and said, “Unfortunately I can’t bring your husband back but I can make sure that you will be ok financially,” and that is what he did , with compassion and dedication and always made feel like he had time for me, I never felt rushed or unimportant, I cannot say enough about how professional yet caring this office has treated me . Mr. Zaslow is truly the best at what he does and I can’t say enough about his secretary who not only kept me informed but listened to me during the most painful time of my life , all I can say is what a great team . Thank you Daryl for helping me . Thank you Heather for listening."

Daryl Zaslow went to bat for him

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:48:36+00:00

~ Client

"When, at age 44 my son suffered a massive Ischemic stroke, my greatest concern was how he would be able to live a normal life without the use of his speech and his arm. Daryl Zaslow went to bat for him and through his tireless efforts, his medical knowledge and his sincere concern for my son, Mr. Zaslow secured for my son a future not only without financial worries, but with hope and happiness. There are no words to express the thanks of our family to a great lawyer."

Very very pleased with the service and professionalism.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

~ M.M.

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T17:51:39+00:00

~ M.M.

"Very very pleased with the service and professionalism of this law firm. I really felt that my case was very important to them and went to every length to achieve the best outcome possible. Or attorney really went to bat for me and his staff was very professional and courteous. Highly recommended. Thank you again for a great outcome !!"

This is a 5 star firm.

"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

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Eichen Crutchlow Zaslow, LLP
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2018-10-31T18:04:32+00:00

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"Great firm took me right in and sat with me and understood my case, unlike other attorneys I had seen. This is a 5 star firm."

I would highly recommend his firm.

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."

~ Client

Eichen Crutchlow Zaslow, LLP
5.0
2018-10-31T18:07:23+00:00

~ Client

"Mr. Eichen handled a motorcycle accident for me in 2002, as well as various other cases since that time. I have permanent injuries from that accident and he was able to resolve my case for the full policy limits and get me compensation as quickly as possible. I would highly recommend his firm."
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