never event
People often mix up a never event with a sentinel event, but they are not the same. A sentinel event is a serious, unexpected patient safety incident that causes death, major harm, or a high risk of major harm. A never event is narrower: it is a shocking, largely preventable medical mistake that should not happen if basic safety rules are followed, such as surgery on the wrong body part, leaving a foreign object inside a patient, or giving clearly incompatible blood.
That difference matters fast. A never event can be powerful evidence that a provider fell below the accepted standard of care, while a sentinel event may still require much more proof about exactly what went wrong. In an injury claim, records, operative notes, medication logs, and internal incident reports can disappear into a system quickly if no one demands them. Waiting can cost leverage.
In West Virginia, a never event may support a medical malpractice claim under the West Virginia Medical Professional Liability Act (1986). Most claims are also controlled by West Virginia's general two-year statute of limitations, W. Va. Code §55-2-12, and the MPLA usually requires pre-suit notice at least 30 days before filing, often with a screening certificate of merit. If a hospital mistake caused sudden complications, disability, or death, the clock may already be running.
This article is for informational purposes only and is not legal advice. Every case is different. If you or a loved one was injured, talk to an attorney about your situation.
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