This is a never event: Never events are situations where deficiency of service and or negligence is presumed and no trial of expert’s evidence is necessary. Following are examples rectified by various court judgements.
a. Removal of the wrong limb or performance of an operation on the wrong patient.
b. “……The issues arising in the complaints in such cases can be speedily disposed of by the procedure that is being followed by the Consumer Disputes Redressal Agencies and there is no reason why complaints regarding deficiency in service in such cases should not be adjudicated by the Agencies under the Act.”
1. IMA vs VP Shantha 1995 (6) SCC 651 (37)
2. SC/4119 of 1999 and 3126 of 2000, 14.05.2009, Nizam Institute of Medical Sciences vs. Prasanth S. Dhananka and Ors: B.N. Agrawal, Harjit Singh Bedi and G. S. Singhvi, JJ.
• Definition: Near misses -- when surgeons started to operate on the wrong site or patient
• Operations on the wrong site or the wrong patient should never happen
• Surgeons shall mark the surgical site before going to the operating room.
• Also mark the site that should not be touched.
• Reasons for errors include similar sounding names, failure to check patient names on medical records and reversing the sides of X-rays and scans placed on viewing boxes in the operating room.
• In the operating room before starting surgery, all members of the surgical team should confirm that they have the correct patient, surgical site and procedure.
• The operating room team should take ''a timeout'' to check medical records and X-rays, discuss among themselves what they are about to do, and corroborate information with the patient.