Serious clinical negligence incidents listed as 'never events' by NPSA
In 2009, the National Patient Safety Agency (NPSA) released a core list of 'never events', incidents of severe clinical negligence that should never occur, as part of a policy and action framework for Primary Care Trusts (PCTs).
This list of 8 events includes surgery on the wrong site, fatal birth injury from post-partum haemorrhage following an elective caesarean section, and the retention of surgical instruments within a patient following surgery. The last of these was responsible for some of the largest clinical negligence compensation payments in 2008, when the tip of a needle was left inside one patient and a surgical clip in another. It should be noted that the UK list differs from that of the US.
The framework was drawn up with input from several stakeholders following the publication of the High Quality Care for All document in 2008, which proposed that PCTs would monitor the occurrence of never events and report publicly on them, providing greater transparency and accountability, and allowing for safer future care. Developments may include financial penalties for PCTs where never events occur.
This development is not designed to impact directly on litigation by those patients who suffer from substandard care; the documents released by the NPSA do not use the phrase "clinical negligence" at all. If successful, however, it may further reduce the already-low rate of such incidents, and therefore reduce the number of injured patients or their families who are driven to appoint a medical negligence solicitor to pursue compensation.
It might be expected, however, that the information available in a claim that does arise from such an event could help its progress, as care providers and PCTs are required by the framework to undertake root cause analysis and/or significant event auditing to better understand the reasons why a never event occurred.
The full list of never events and guidance documentation is available from the NPSA website.
Expertise in clinical negligence from JMW Solicitors
The Clinical Negligence department at JMW Solicitors has expertise in dealing with the full range of compensation claims allowed under this complex area of the law. The firm is a member of the referral panels of the Law Society and the charity Action against Medical Accidents, and has been franchised by the Legal Services Commission to handle such cases.
Led by partners Eddie Jones and Olivia Scates, the department provides a powerful team of specialists with a strong record of delivering compensation to deserving claimants alongside supportive client care, "often going beyond the call of duty" (Chambers Dictionary to the Legal Profession).
For further information regarding the ways in which JMW can assist in a clinical negligence case, please contact:
Eddie Jones
0845 872 6666 or eddie.jones@jmw.co.uk
click here to view Eddie's areas of expertise
