Never Event

Never Event

Never Event

Never events include wrong-site surgery, retained foreign objects, wrong patient procedures, and certain hospital-acquired conditions. CMS declines payment for treating some of them.

The classification derives from patient safety rather than legal standards.

Alternative Names:

Serious Reportable Event, Never Events

Why it Matters?

The never event label carries substantial rhetorical force at trial even though it originated as a payment and quality classification rather than a legal standard of care determination. Establishing that distinction matters, since the designation does not itself establish negligence for every listed event. Certain hospital-acquired conditions on the list occur despite appropriate care, unlike wrong-site surgery.

Frequently asked questions

Does never event status establish negligence?

Does never event status establish negligence?

Not for every listed event. The classification derives from payment and quality policy rather than legal standard of care.

Which events occur despite appropriate care?

Which events occur despite appropriate care?

Certain hospital-acquired conditions on the list, unlike wrong-site surgery which does not occur in competent practice.