West Virginia Accidents

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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.

by Bobby Ray Mullins on 2026-04-01

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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