Never Event Claims

The NHS and private healthcare facilities in the UK typically offer a high standard of medical care and treatment to patients. However, mistakes occasionally occur, ranging from minor to life-changing. Of these, never events are the most severe, preventable incidents that should never happen in a healthcare setting. They are considered so egregious that they are deemed entirely avoidable through the application of best practices and standards of care.

Never event examples include performing surgery on the wrong patient or body part, the incorrect use of implants or medication errors leading to death or serious injury. These types of negligence will entitle you to start a never event claim and seek compensation for the pain, suffering and financial losses incurred as a result.

To start a claim today or learn more about never events in healthcare, call 0800 470 0474 or request a call back. If your case has merit, a specialist medical negligence solicitor will help you secure compensation on a no win no fee* basis.

Find out if you can claim

Call 0800 470 0474 now or request a call back below:

Call me back

By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

Table of Contents

• What are never events?
• Never event examples
• What types of negligence can lead to never events?
• Am I eligible to make a never event claim?
• What evidence do I need to make a never event claim?
• What are the possible consequences of never events?
• Can I make a never event compensation claim on behalf of a loved one?
• What is the time limit to start a claim for never event compensation?
• How long will my never event medical negligence claim take?
• How much could I get for a never event compensation claim?
• Can I claim for a never event on a No Win No Fee basis?

What are never events?

The definition of never events states that these are incidents so severe and indefensible that they should never occur if all safety protocols are followed. The term is used within the NHS and the private healthcare system to describe situations where a patient suffers harm, or even death, that could have been entirely preventable.

Examples of never events include wrong site surgery and leaving a surgical instrument inside a patient’s body. The fact that these events are entirely avoidable can make victims feel all the more stressed, wronged and depressed.

Between 2022 and 2023, a total of 384 never events were recorded across 296 NHS hospitals and other healthcare providers. This is a slight decrease from the previous year, when there were 407 registered never events in healthcare facilities. If you or a loved one suffered unnecessary harm while receiving medical care, you might be eligible to claim never event compensation from the NHS trust responsible.

Never event examples

Never events are serious, preventable medical errors or adverse events that should never occur in healthcare settings. According to the definition of never events, these include:

• Surgery on the wrong side of the body, wrong organ, or wrong level of the spine;
• Having a surgical procedure intended for one patient on another patient;
• Leaving a sponge, instrument, or other foreign object inside a patient’s body during surgery;
• Administering the wrong medication or incorrect dosage, resulting in death or serious harm;
• Falls due to poorly restricted windows;
• Failure to prevent a patient from committing suicide or self-harm while under the care of a healthcare facility;
• The development of severe pressure ulcers (bedsores) in hospitalised patients;
• Misplacing of gastric tubes or incorrect use of implants and prosthetics;
• Making a transfusion or transplant that is incompatible with the patient’s blood or organs;
•  Scalding patients during bathing or with surgical tools or instruments.

These are just some never event examples that could lead to a medical negligence claim for compensation. You can read more about them on the NHS never events list.

What types of negligence can lead to never events?

Never events in the NHS and private healthcare settings could occur due to various causes, such as:

• Failure to adhere to standard protocols, guidelines and patient safety recommendations;
• Communication breakdown between surgeons, nurses, anaesthetists, and other healthcare professionals, leading to errors or omissions;
• Failure by the hospital to provide sufficient staffing levels, leading to fatigue and burnout;
• A lack of proper training or supervision of surgical procedures, medication administration or patient monitoring;
• Failure to maintain or upgrade essential equipment or facilities;
• Poor hygiene standards and inadequate disinfection of surfaces and equipment;
• Failure to monitor patients and recognise or respond to changes in their condition.

These and other types of negligence can have devastating consequences and lead to a never event compensation claim.

Am I eligible to make a never event claim?

If you or a loved one experienced a never event whilst receiving treatment in hospital, you might be able to claim compensation. The easiest way to find out if you have a valid claim is by seeking legal advice. A personal injury claims solicitor will take on your case if they can prove the following:

• A duty of care. It goes without saying that all healthcare professionals and facilities have a legal duty to provide safe, competent, and appropriate care to their patients.
• A breach of duty. This occurs when a healthcare provider fails to meet the standard of care expected in their field. Examples include surgical errors, medication errors or substandard hygiene practices.
• Causation. This element establishes the link between the breach of duty and the harm you suffered as a result of a never event.
• Damages. Finally, to have a valid claim for a never event, you need proof that you suffered actual damages, such as pain, loss of amenity and financial losses from the never event.

If these apply to your case, your solicitor will help you gather the necessary evidence to win the compensation you deserve, as detailed in the section below.

What evidence do I need to make a never event claim?

The various types of evidence you can use to support a medical negligence compensation claim include:

• Medical records that document the care and treatments you received before, during and after the never event. These will show the type and severity of the harm you suffered due to the negligence;
• Testimony from medical experts who can help establish the standard of care expected in your situation and whether the never event was due to a breach of duty;
• Statements from witnesses who saw how the events occurred and how the medical error has affected your life;
• Photographs or videos of any visible injuries, as well as any factors contributing to your condition, such as poor hygiene standards or faulty equipment;
• Any correspondence or communication between you and the healthcare provider or facility, including a formal complaint and their response;
• You also need proof of all the financial losses you incurred as a result, such as medical bills for private treatments, care costs or lost wages if you had to take additional time off work.

What are the possible consequences of never events?

Never events are serious errors or adverse events that can have significant consequences for the patient and their loved ones, such as:

• Long-term pain and suffering;
• Reduced quality of life and life expectancy;
• The worsening of a pre-existing health condition;
• Permanent disability or impairment, either physical or mental;
• Impacts on the ability to work, perform daily activities or engage in recreational activities;
• The need for ongoing management and treatment;
• Financial losses and expenses due to care costs, private treatments and inability to work;
• A psychological impact leading to depression, anxiety or post-traumatic stress disorder (PTSD);
• In the worst cases, a never event can result in wrongful death, with devastating consequences for the victim’s family and loved ones.

If you make a successful never event claim, your compensation will include a full assessment of all the ways in which the medical error has impacted your life and is expected to impact your life moving forward.

Can I make a never event compensation claim on behalf of a loved one?

If someone you love, such as your child or an adult who lacks mental capacity, has suffered due to a never event, you could pursue compensation on their behalf. To be able to do this, you must apply to the court to be appointed as their litigation friend. This involves providing evidence that you have no conflict of interest with the claimant and can make fair and competent decisions about the case. As a litigation friend, you will have several responsibilities, such as:

• Instruct solicitors and take legal advice;
• Approve and sign legal documents;
• Make sure your loved one attends all their medical appointments;
• Consider any never event compensation offers from the defendant;
• Pay all the fees requested by the court.

If the worst has happened and you lost a loved one due to a medical error, you are also entitled to claim compensation for:

• The loss of income and other financial benefits you were expecting from them, such as pensions and bonuses;
• The services they used to provide within the family, such as childcare and DIY projects;
• Reasonable funeral costs, such as wreaths and embalming of the body;
• The financial losses and expenses incurred by them due to their injury before dying;
• You can also get a bereavement award of £15,120 for your grief and suffering.

What is the time limit to start a claim for never event compensation?

Under the Limitation Act 1980, you have three years to pursue your claim, starting from the date of the never event or the date you became aware of the negligence (the date of knowledge). We advise you to start legal proceedings as soon as possible, as this will make it easier to collate the necessary evidence to make your claim. Furthermore, your case will be time-barred and no longer valid after the three years have passed, subject to the following exceptions:

• With child injury claims, a parent or legal guardian can start legal proceedings anytime before their 18th birthday. The three-year time limit begins once the child turns 18, and they will have until their 21st birthday to make a claim themselves.
• There is no limitation date for a litigation friend to claim never event compensation on behalf of someone who lacks mental capacity.
• If you lost a loved one due to a serious incident, you can start a claim within three years after the date they passed away.

How long will my never event medical negligence claim take?

As with all medical negligence claims, each never event claim is unique, so there isn’t a standard period within which they settle. The time it may take to receive your compensation will depend on various factors, such as:

• The nature and severity of your injuries;
• Whether the defendant admits liability for the harm you suffered;
• The expected value of your compensation award;
• Your expected recovery time;
• How long it takes to gather supporting evidence;
• Whether your case goes to court or you can settle with the other side.

Generally, a relatively straightforward medical negligence claim can be settled within two years. On the other hand, complex cases in which the compensation pursued is substantial can take more than five years to conclude. Your solicitor may be able to secure interim payments on your behalf so you can cover your medical expenses and other financial needs before your claim settles.

How much could I get for a never event compensation claim?

The amount of compensation you could receive will depend on the specific losses and expenses you incurred due to the never event. These are typically grouped into two types of damages:

General damages are awarded for the avoidable harm caused to you and its impact on your life, such as:

• Physical and emotional pain and suffering
• Long-term or permanent disability
• Scarring and disfigurement
• Loss of purpose and enjoyment of life
• Reduced quality of life and life expectancy
• Loss of consortium or companionship
• The impact on your ability to engage in hobbies and daily activities

Special damages are awarded for the resulting financial losses and expenses, which could include:

• Private treatments and rehabilitation
• Care costs during recovery or for long-term disability
• Loss of earnings during recovery or lost earning capacity
• Modifications or adjustments to your home or vehicle to help you cope better

Based on the recommendations from the Judicial College, you could receive from over £5,000 to more than £300,000 for never event negligence. You can find more examples of potential compensation awards for various injuries on our compensation calculator page.

Can I claim for a never event on a No Win No Fee basis?

Yes. If you are entitled to compensation, your solicitor will handle your never event claim under a no win no fee agreement. That means you do not have to pay anything upfront, and they will not charge you for a claim you don’t win. Your solicitor will only receive a success fee capped at 25% of your payment if your case is successful.

Under this service, you also have After the Event (ATE) insurance against litigation costs. If you lose the claim, the ATE will cover your costs and disbursements, as well as the defendant’s. These include court fees, travel expenses and medical reports. This helps to guarantee that you won’t have any costs to pay if your claim is unsuccessful.

To learn more about what never events are and your eligibility to make a claim, do not hesitate to call 0800 470 0474 or request a call back. An experienced legal adviser will offer you a free case assessment with no obligation to proceed.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.