When you go under the knife, you are placing your life in the hands of a surgical team. You expect high-stakes precision, not preventable catastrophes. Yet, every year, thousands of patients are victims of “Never Events”—medical errors so egregious that the healthcare community agrees they should never happen under any circumstances. At Lampert & Walsh, LLC, we represent those whose trust has been shattered by surgical negligence. In Colorado, proving a “Never Event” often provides the clearest path to a successful medical malpractice claim because the error itself is a self-evident breach of the hospital negligence standards.
What Is a "Never Event"?
The term “Never Event” was coined to describe 29 specific, reportable, and preventable medical errors. These incidents are not considered “known risks” or “unforeseeable complications” of surgery; they are binary failures of the system.
According to the Agency for Healthcare Research and Quality (AHRQ), a Never Event must be:
- Unambiguous: Clearly identifiable and measurable.
- Serious: Resulting in death or significant disability.
- Preventable: Avoidable if standard safety protocols are followed.
Why Are "Never Events" the Strongest Malpractice Cases?
In most medical malpractice cases, the “Standard of Care” is a gray area debated by expensive experts. However, with “Never Events,” the standard is absolute. Colorado law requires a plaintiff to prove that the healthcare provider deviated from the standard of care that a reasonably skilled professional would provide.
Because “Never Events” are federally and state recognized as entirely preventable, they often trigger a legal concept like res ipsa loquitur, meaning “the thing speaks for itself.” If a surgeon leaves a sponge inside a patient, there is no “reasonable” medical explanation for that error. This makes these cases significantly more difficult for insurance companies to defend.
Common Surgical "Never Events" in Denver
1. Wrong-Site Surgery CO
Perhaps the most “unfathomable” error is wrong-site surgery CO. This includes performing an operation on the wrong body part (e.g., the left leg instead of the right), the wrong patient, or the wrong procedure entirely.
Recent data from The Joint Commission suggests that wrong-site surgery remains one of the top-reported sentinel events. These errors typically occur due to failures in the “Time-Out” protocol—a mandatory pause before the first incision where the entire team confirms the patient’s identity and the surgical site.
2. Retained Surgical Instruments
The retained surgical instruments (RSI) category involves tools, needles, or sponges left inside a patient’s body after the incision is closed. Sponges are the most commonly left-behind items and can lead to:
- Sepsis and life-threatening infections.
- Internal organ perforation or bowel obstructions.
- The absolute necessity for a second, unplanned surgery to remove the object.
A surgical error lawyer Colorado will investigate the “surgical count” records. Hospitals are required to count every item that enters and exits the surgical field; a discrepancy that is ignored is prima facie evidence of negligence.
3. Anesthesia Negligence Denver
While not always a “Never Event” by definition, anesthesia’s negligence in Denver frequently involves preventable system failures. Common errors include:
- Dosage Errors: Administering too much or too little anesthetic, leading to brain damage or “anesthesia awareness.”
- Failure to Monitor: Not Noticing a drop in oxygen saturation or heart rate until it is too late.
- Intubation Errors: Causing permanent vocal cord damage or asphyxia.
Post-Op Infection Liability
While an infection is sometimes an inherent risk of surgery, post-op infection liability arises when the infection is caused by a breach of sterile technique. This includes using non-sanitized tools, failing to administer prophylactic antibiotics as required by protocol, or failing to monitor a patient’s escalating symptoms in recovery. If a patient develops MRSA or sepsis due to unsanitary conditions in a Denver hospital, it may be a case of actionable negligence.
Colorado Hospital Error Reporting Statistics (2024-2025)
| Metric | Recent Trend / Data Point | Impact on Victims |
|---|---|---|
| Most Common Never Event | Unintended Retention of Foreign Object | Requires corrective surgery |
| Reporting Requirement | Mandated by 6 CCR 1011-1 | Provides a “paper trail” for lawsuits |
| Statute of Limitations | Strictly 2 Years | Fast action is required to preserve rights |
| Certificate of Review | Required within 60 days of filing | Requires independent expert validation |
Building a Surgical Malpractice Claim
To hold a hospital or surgeon accountable for a Never Event, a surgical error lawyer in Colorado must navigate several administrative hurdles. In many jurisdictions, the law requires filing formal certification shortly after a lawsuit begins. This document confirms that a qualified medical expert has reviewed the case and determined that it has a legitimate and well-supported basis before it proceeds further.
We also dig into the hospital’s internal “Root Cause Analysis” (RCA). While these internal reviews are sometimes protected by “peer review privilege,” the underlying facts discovered during the analysis, such as a failure in communication or a broken piece of equipment, are often discoverable and vital to your case.
Restoring Justice After a Preventable Trauma
A Never Event is more than a mistake; it is a profound failure of the systems meant to protect you. When a hospital negligence turns a routine procedure into a life-altering injury, they must be held to the highest standards of accountability. At Lampert & Walsh, LLC, we combine medical insight with aggressive litigation to ensure that victims of “Never Events” receive the compensation they need to heal. We handle the experts, the records, and the hospital’s legal teams so you can focus on your recovery. If you or a loved one has suffered due to a wrong-site surgery CO or a retained surgical instrument, do not wait for the hospital to apologize, take action to protect your future. To discuss your case and learn how we can help you hold negligent providers accountable, please contact us today for a free, confidential consultation.
Frequently Asked Questions (FAQs)
If I signed a consent form, can I still sue for a Never Event?
Yes. You consent to the “known risks” of surgery, like scarring or reactions to medicine. You never consent to a surgeon leaving a towel in your abdomen or operating on the wrong lung. Negligence is not covered by a consent form.
How long do I have to sue for a surgical error in Colorado?
You generally have two years from the date you discovered (or should have discovered) the error. However, there is a “Statute of Repose” that generally bars claim after three years, regardless of when it was discovered, with few exceptions.
Who is liable: the surgeon or the hospital?
Often both. The surgeon is usually liable for the technical error, while the hospital may be liable for the nurses’ failure to count sponges correctly or for systemic failures in their safety protocols.
What is a "retained foreign object"?
This is anything left inside you that shouldn’t be there, scalpel tips, needles, gauze, or even broken bits of catheters. These objects are 100% preventable and are always considered a breach of the standard of care.
Can I recover money for a second surgery?
Yes. You can recover “economic damages” for the cost of the corrective surgery and “non-economic damages” for the additional pain, suffering, and emotional trauma caused by the mistake.
