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Never Event Compensation: What Are They & Can I Claim?
Learn how JF Law can help you claim Never Event compensation.
£85 million in compensation
Never Event Compensation: What Are They & Can I Claim?
Learn how JF Law can help you claim Never Event compensation.
Can I Claim Never Event Compensation?
Never Events are preventable patient safety incidents. They occur when healthcare providers fail to correctly implement existing national guidance and safety recommendations. You might be entitled to Never Event compensation for your physical pain, mental suffering and related financial hardships. A solicitor offering a No Win No Fee arrangement for their services could help you make a medical negligence claim.
Key Takeaways
- Never Events are preventable serious incidents that highlight potential weaknesses in how a healthcare organisation manages safety processes.
- 403 Never Events (total, provisional) occurred between April 2024 and March 2025 according to NHS England.
- Framework exists for when a serious incident occurs to ensure that they are correctly identified and thoroughly investigated to prevent it from happening again.
- Healthcare providers will have certain responsibilities when dealing with these types of incidents.
- The framework and safety guidance is relevant to all NHS funded care including in primary, community, secondary and tertiary sectors and any private sector provider commissioned by the NHS for services.
If you experienced a Never Event and would like to find out if you are eligible for compensation, speak to a member of the advisory team. The friendly and knowledgeable advisors at JF Law will be happy to provide you with a free medical negligence consultation that will look at your eligibility to claim, estimate how much compensation you could be entitled to and provide free advice about the claims process.
- Give an advisor a call today on 0151 375 9916 (they’re available around the clock).
- Fill out our contact us form, and an advisor will call you back.
What Is A Never Event?
Never Events are preventable serious incidents that occur within healthcare settings. If the provider had followed the correct safety guidance, the Never Event would not have happened.
Examples of Never Events include:
- Wrong site surgery.
- Wrong implant or prosthesis.
- Retained foreign object following surgery.
- Mis-selection of a strong potassium solution.
- Administering medication via the wrong route.
- Insulin overdose due to abbreviations or an incorrect device.
- Overdose of methotrexate for non-cancer treatment.
- Mis-selection of high-strength midazolam during conscious sedation.
- Failure to install functional collapsible shower or curtain rails within mental health settings.
- Falls from poorly restricted windows.
- Chest or neck entrapment in bed rails.
- Transplantation or transfusion of incompatible organs or blood (by blood type).
- Misplaced naso or oro-gastric tubes.
- Scalding of patients.
- Unintentional connection of an oxygen-requiring patient to an air flow meter.
If you (or your loved one) experienced any of these serious incidents, you may be entitled to Never Event compensation. Please speak to an advisor to find out more.
Can I Claim Never Event Compensation?
Yes, you can claim Never Event compensation if you meet the medical negligence eligibility criteria. This means you must have evidence that proves:
- A healthcare provider owed you a duty of care. This is a legal obligation, meaning that a medical professional must meet the expected standard of care when they agree to carry it out. It is automatic.
- There was a breach in this duty. In this case, substandard care resulted in a failure to follow existing national guidance and safety recommendations.
- You sustained harm as a result of this breach. This is the Never Event.
A friendly advisor can discuss your eligibility to claim compensation for a Never Event.
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How Much Compensation Can I Get After A Never Event?
How much Never Event compensation that can be awarded will vary between successful claimants. This is due to the differences between medical negligence claims, such as the physical and emotional harm suffered, plus each claimant will have different related costs (if any).
Settlements will typically include up to two heads of loss: general and special damages. General damages seek to compensate for physical pain, mental suffering, and loss of amenity; whereas special damages compensate for the monetary hardships caused by this pain and suffering (which we discuss in the next section).
To help arrive at a value for general damages, those who calculate medical negligence compensation may look to the Judicial College Guidelines (JCG). The JCG provides guideline compensation amounts for different types of injuries and harm.
The table below provides a few figures from the JCG, except for the top row. It is only intended as guidance and does not represent the specifics of your Never Event claim. If you would prefer a more detailed and accurate estimate of what you could claim, speak to one of our advisors, who will be more than happy to help.
| Harm | Compensation Guideline | Notes |
|---|---|---|
| Multiple Incidents of Harm and Expenses | Up to £1,000,000 or more | Never Events can lead to multiple injuries and harm to the organs and body parts plus have high related expenses, like lost wages and the need for nursing care. |
| Very Severe Brain Damage | £344,150 to £493,000 | These cases include those where there is little or no evidence of meaningful responses to their environment, requiring full-time nursing care. |
| Paralysis: Paraplegia | £267,340 to £346,890 | Awards consider the extent of pain, degree of independence, depression, age and life expectancy and the impact on sexual function. |
| Serious Kidney Damage | £206,730 to £256,780 | The patient has been left with serious damage to both kidneys or has lost both. |
| Bladder: Complete Loss of Function | Up to £171,680 | The patient has lost control and function of their bladder. |
| Leg Amputation: Below Knee | £119,570 to £162,290 | A straightforward case of below the knee amputation of one leg. |
| Bowels: Urgency & Passive Incontinence | In the region of £97,530 | Embarrassment and distress caused by faecal urgency and passive incontinence. |
| Lung Disease: Uncertain Prognosis | £38,210 to £66,920 | Although short of disabling breathlessness, the patient’s breathing difficulties require the fairly frequent use of an inhaler. |
| Toe: Amputation | In the region of £38,210 | The great/big toe has been amputated. |
| Loss of the Spleen | £25,380 to £32,090 | There is a continuing risk of infection due to immune system damage. |
Can Never Event Compensation Cover Special Damages?
Yes, Never Event compensation can cover special damages. As mentioned in the section above, special damages seek to compensate for the financial losses that occurred due to the physical and emotional damage suffered. It can cover items such as:
- Loss of earnings.
- Nursing care and private inpatient facilities (rehabilitation units and the like).
- Home help, whether assistance with domestic duties while recovering (such as a cleaner or nanny) or a carer to come and change bandages, these costs can be recovered.
- Therapy and mental health support.
- Mobility aids (wheelchair, crutches, scooter, etc).
- Home adaptations needed to accommodate a new disability, these can range from railings to ramps and wet rooms.
In order to recover any costs related to the Never Event, you will need to submit documentation, such as your payslips, receipts or invoices.
One of the friendly advisors from the JF Law team can discuss your specific needs following the Never Event and advise on the costs you could recover, as well as the evidence you will need to support this.
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What Do I Need To Make A Never Event Claim?
In order to make a Never Event claim, you will need supporting evidence. Examples may include:
- A copy of your medical records.
- Copies of any investigative reports related to the incident.
- Information related to safety records at the facility in which the serious incident occurred.
- Copies of any scans or X-rays that show the extent of damage suffered post-event.
Additionally, certain medical negligence claims may be subjected to the Bolam Test. If it is necessary in your case, your solicitor will further explain this to you.
Furthermore, your claim must be started within the 3-year time limit. However, there are some exceptions that pause or suspend this limitation period. In cases where a minor or a person with limited mental capacity suffered a Never Event, a litigation friend could manage the claim for them.
For more information about what can support your claim for Never Event compensation or time limits, please speak to an advisor.
How Long Will A Never Event Claim Take To Settle?
How long it takes a Never Event claim to settle depends on the specifics of the case. Claims that are more complicated with more severe harm or an uncertain prognosis may take longer to settle than more straightforward cases. Furthermore, gathering evidence to prove your case may take longer, especially if you are waiting on reports or an independent medical review.
For more information about how long it could take your claim for Never Event compensation to reach a settlement, please reach out to one of our advisors.
Can I Make A No Win No Fee Never Event Claim?
Yes, you can make a No Win No Fee Never Event claim. However, it should be pointed out that ‘No Win No Fee’ refers to how your solicitor is funded rather than the claim itself. When instructing a No Win No Fee solicitor, they:
- Won’t take a solicitor’s fee when they agree to represent your claim.
- Also, don’t ask for ongoing solicitor’s fees.
- Don’t ask for you to cover solicitor’s fees in the event of an unsuccessful outcome for your claim.
They will take a success fee out of your compensation should your claim prove successful. However, this is a pre-agreed percentage that is subject to a legal cap under the Conditional Fee Agreements Order 2013.
Our solicitors provide their services through a Conditional Fee Agreement, so not only can you expect a No Win No Fee contract, but they will:
- Ensure that your medical needs are met.
- Help apply for any interim payments to cover your immediate expenses.
- Explain the medical negligence claims process to you in terminology that you can understand.
- Make sure that any court-appointed deadlines are met.
- Negotiate an appropriate settlement amount with the defending party that considers all of your damages.
- And so much more.
Contact JF Law
When you contact one of JF Law’s friendly advisors, you will get a full claim consultation free of charge. This will include an estimation of how much Never Event compensation you could be entitled to that considers your special damages and the harm you have suffered. It will also advise you on what evidence you could gather to help the claims process run smoothly. Furthermore, if your medical negligence claim is valid, you can be connected to one of our solicitors. You have nothing to lose by speaking to an advisor and taking that first step towards medical negligence compensation:
- Call today on 0151 375 9916 (advisors are available around the clock).
- Fill out our contact us form, and an advisor will call you back.
More Information
Please enjoy a few more medical negligence guides from JF Law:
- Information on how to make a surgery negligence claim.
- Guidance on claiming for a cancer misdiagnosis.
- Learn about making a medication error claim.
Here are a few external resources that you may find interesting:
- A list of Never Events from the NHS.
- The Never Event policy and framework provided by the NHS.
- The NHS Constitution from Gov.UK.
Thank you for reading about claiming Never Event compensation with JF Law. Please speak to a member of our advisory team to get your claim started.
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