As medical negligence lawyers who represent injured patients, we regularly encounter cases involving some of the most serious failures in healthcare. We have seen incidents so grave that the medical profession itself acknowledges they should never happen. These are known as “never events“, and if you or a loved one has been affected by one, it is important to understand your rights and options.
Data from NHS England, January 2026
Provisional data published by NHS England in January 2026 revealed that 274 Never Events were reported between April and November 2025 alone. The most common incidents were wrong-site surgery, accounting for 116 cases, followed by retained foreign objects after procedures with 73 cases and wrong implant or prosthesis with 35 cases. These figures are a stark reminder that, despite the systems and safeguards in place, serious preventable errors continue to occur across the NHS.
What are Never Events?
Never events are serious, largely preventable patient safety incidents that should not occur if the available preventive measures have been taken. The term originates from NHS England’s patient safety framework. They are errors that healthcare providers themselves acknowledge should never happen when proper systems and safeguards are in place.
Examples include:
- Wrong-site surgery
- Retained foreign objects after surgery
- Wrong-route administration of medication, including insulin
- Falls from poorly restricted windows
- Entrapment in bedrails
- Blood transfusion errors
- Misidentification of patients
- Scalding
Why “Never Events” matter
When you enter a hospital or clinic, you place enormous trust in the healthcare professionals caring for you. A never event represents a fundamental breach of that trust. The impact can be devastating: catastrophic physical injuries or death; emotional and psychological trauma, including anxiety, depression, or PTSD; loss of trust in healthcare services affecting long-term wellbeing; and financial hardship from inability to work, ongoing treatment costs, and the need for care and support.
Patients and families often feel powerless in the aftermath. Understanding that you have legal rights is the first step towards regaining control.
Never Events and medical negligence claims
A never event does not automatically establish liability, but it is powerful evidence that something went seriously wrong. To succeed in a medical negligence claim, the following must be established:
- A duty of care
- Abreach of that duty
- Causation
- Quantifiable loss and damage.
What makes never event cases distinctive is that demonstrating breach is often more straightforward than in other claims. The NHS’ own acknowledgment that these events are preventable significantly strengthens your position. Causation, however, can still be complex. For example, where a retained instrument is discovered, you must still demonstrate the specific harm caused and link it to the surgeon’s negligence and therefore expert medical evidence is essential.
The claims process
If you believe you have been the victim of a never event, the process typically follows these stages.
First, a specialist solicitor will review your case and advise whether you have a viable claim, usually free of charge. Your solicitor will then obtain your complete medical records and any relevant documentation, including incident reports and duty of candour correspondence. Independent medical experts will review the records and provide opinions on breach and causation.
Once supportive evidence is obtained, a formal Letter of Claim is sent to the defendant, who then has four months to respond. Many claims are resolved through negotiation and settlement, but if liability is denied or the value of your claim is disputed, your solicitor will be prepared to issue court proceedings. Most medical negligence claims are funded through Conditional Fee Arrangements (“no win, no fee”), meaning you do not pay legal fees unless your claim succeeds.
Compensation
If successful, compensation is designed to put you back in the position you would have been in had the negligence not occurred.
This can include general damages for pain, suffering, and loss of amenity; past and future loss of earnings; medical treatment and rehabilitation costs; care and assistance (including gratuitous care by family members); aids, equipment, and home adaptations; and travel expenses.
The Duty of Candour and time limits
Healthcare providers have a statutory obligation to be open and honest with patients when things go wrong, including telling the patient what happened, offering an apology, and explaining steps being taken to prevent recurrence. In our experience, this duty is not always properly fulfilled. If you have not been given a full and honest explanation, your solicitor can investigate, and failures in candour can be relevant evidence in your claim.
There are also important time limits. The limitation period is generally three years from the date of the incident or from the date you first knew (or ought to have known) that your injury may have been caused by negligence.
For children, time does not begin to run until their 18th birthday. For individuals lacking mental capacity, no limitation period applies while capacity is absent. We strongly recommend seeking legal advice as soon as possible, as early involvement ensures that evidence is preserved.
How our medical negligence solicitors can help
If you or a loved one has been affected by a never event, please know that you do not have to face this alone. We understand the physical, emotional, and financial toll of a serious medical error and are here to guide you through every step with sensitivity, expertise, and determination. When the healthcare system fails you, you deserve answers, accountability, and fair compensation. We are here to help you achieve that.
Contact our medical negligence solicitors today on 0808 164 0808.
