A patient at Northwestern Medicine McHenry Hospital recently filed a medical malpractice lawsuit, alleging a surgical “never event” occurred during his procedure, causing him additional health issues, pain and suffering, and delaying his cancer treatment.
Table of Contents
In medical terms, a never event refers to a shocking, preventable incident that should never happen during patient care. These events often have catastrophic consequences for patients, and they usually point to serious safety failures. When a surgical never event occurs, such as a retained surgical instrument, operating on the wrong body part, or performing surgery on the wrong patient, it can give rise to a medical malpractice lawsuit.
In Chicago and across Illinois, these incidents are not just rare medical errors, they’re red flags for deep-rooted systemic problems in hospitals or surgical practices. When a patient suffers serious harm because of a never event, the law provides a path to seek accountability and compensation.
If a surgical error has affected you or a loved one, don’t wait to get help. At Ankin Law, we represent patients in Chicago who have been harmed by medical negligence, including preventable mistakes like surgical never events. Call us today at 312-600-6000 to speak with our Chicago surgical error lawyers about your case and learn what legal options may be available.
What Counts As a Surgical Never Event?
The National Quality Forum (NQF) classifies “never event” surgical errors under serious reportable events. When it comes to surgery, common never events include:
Retained Surgical Objects
One of the most well-known never events involves surgical instruments or sponges being left inside a patient’s body after surgery. These retained objects can cause deadly infections, internal damage, and require additional procedures to remove.
The patient in McHenry County alleges that after experiencing symptoms, which the medical team involved with the initial procedure ignored for several months, he sought a second opinion. During a subsequent surgery performed by another surgeon to identify the cause of the patient’s symptoms, a retained surgical sponge from the first surgery was identified and removed.
Wrong-Site Surgery
This occurs when a procedure is performed on the wrong body part, such as operating on the left knee instead of the right. It often results from communication failures and missing pre-surgical verification steps.
Wrong Procedure Performed
Sometimes the surgeon performs the wrong operation entirely. This may happen due to mix-ups in scheduling, inadequate chart reviews, or errors in surgical planning.
Surgery on the Wrong Patient
A breakdown in patient identification can lead to a person undergoing a procedure intended for someone else. These cases are rare but can have catastrophic consequences.
Death of a Healthy Patient During or After Surgery
When a healthy patient dies during or shortly after a routine surgery, it may qualify as a never event, especially if the death was caused by anesthesia errors, unrecognized complications, or preventable mistakes.
Each of these common types of surgical errors represents a failure to follow basic safety protocols, and often forms the basis for a strong medical malpractice claim in Illinois.
How Surgical Never Events Happen
Surgical never events often stem from more than just individual negligence. They usually involve a breakdown in communication, inadequate procedures, lack of oversight, or failure to follow safety checklists. In operating rooms, there are systems in place to prevent these outcomes, like surgical time-outs, instrument counts, and checklists. However, when these are skipped, ignored, or poorly implemented, patients can suffer life-altering consequences.
Even high-performing hospitals are not immune. In fact, studies show that never events can occur anywhere, regardless of reputation or size. However, once an event like this happens, the impact on a patient’s life can be enormous—physically, emotionally, and financially.
Common Signs That a Surgical Never Event Has Occurred
Some patients don’t realize they’ve experienced a never event until much later. Warning signs include:
- Unexplained infections or pain after surgery
- Recurrent symptoms or complications in the surgical area
- A second opinion revealing the wrong procedure was performed
- Follow-up imaging showing retained foreign objects
If you suspect something went wrong during your surgery, seek a medical evaluation immediately. A follow-up diagnostic scan or exam may uncover errors that would otherwise remain hidden.
After his initial surgery, the patient in the case against Northwestern Medicine McHenry Hospital reportedly experienced symptoms, including pain, swelling, and fluid leaking from the incision site. Despite the issues persisting for months, he was allegedly only scheduled for one follow-up appointment, and claims no effort was made to determine the cause of his ongoing discomfort and issues. Because of the retained surgical sponge, the patient’s lawsuit claims he suffered delays in his cancer treatment and long-term complications due to the surgical error.
What Compensation Is Available After a Surgical Error?
Victims of surgical never events may be entitled to recover compensation for a range of damages. These often include medical expenses for both past treatment and anticipated future care, along with income lost due to missed work or a reduced ability to earn in the future. Many also pursue compensation for pain and suffering tied to the physical and emotional toll of the injury. Emotional distress, diminished quality of life, and the need for additional surgeries or ongoing rehabilitation are also common components of a claim.
Proving Liability in Never Event Cases
While never events are considered inexcusable, the legal process still requires strong evidence to prove the claim. Attorneys often rely on:
- Hospital records and surgical reports
- Testimony from medical experts
- Imaging results showing retained items or incorrect procedures
- Documentation of follow-up treatments and complications
- Internal hospital audits or incident reports (if accessible)
Because hospitals often try to protect their internal records, a skilled attorney may need to push for discovery through the court to obtain crucial evidence.
Legal Basis for Filing a Surgical Malpractice Lawsuit in Illinois
Under Illinois law, patients harmed by surgical never events may have a valid medical malpractice claim. To succeed in court, the plaintiff typically must prove:
- A doctor-patient relationship existed
- The provider breached the accepted standard of care
- That breach caused the patient’s injury
- The injury resulted in measurable damages (e.g., additional medical expenses, lost wages, pain and suffering)
In cases involving never events, proving a breach in the standard of care is often more straightforward. Because these events are widely recognized as should never happen situations, the legal argument that the provider was negligent becomes stronger.
Are Hospitals and Medical Centers Also Liable?
In many cases, hospitals or surgical centers can be held liable along with the surgeon. Hospitals and surgical centers may share liability due to:
- Poor training or supervision
- Inadequate safety protocols
- Understaffing in the operating room
- Failure to act when an error was suspected
Under some circumstances, employers can be held responsible for the negligent actions of their employees, including doctors, nurses, and surgical techs. Hospitals may also be directly liable for failing to implement adequate systems to prevent never events.
In the recent case of the retained surgical sponge, the patient’s lawsuit was filed against Northwestern Medicine McHenry Hospital, the facility where the procedure was performed. The man alleges that the surgical technologist, nurse, and surgeon involved with his care failed to follow proper protocols to ensure that all sponges used were accounted for.
Illinois Medical Malpractice Laws: Key Points for Victims
If you’re dealing with the aftermath of a surgical never event in Illinois, there are a few important things to understand:
Statute of Limitations
In most Illinois medical malpractice cases, the statute of limitations is generally two years from the date the injury was discovered or should have been discovered. There is also a maximum deadline of four years from the date of the incident, regardless of discovery, known as the statute of repose.
Expert Affidavit Required
Illinois requires that a medical malpractice claim include an affidavit of merit. This is a document in which a qualified medical professional affirms that there is a reasonable basis for the lawsuit.
Caps on Damages
Illinois does not currently cap compensatory damages in medical malpractice cases. As such, victims may be able to recover full damages for medical bills, lost income, and pain and suffering.
Seeking Legal Guidance After a Surgical Mistake
Surgical never events are not just medical mistakes. They’re avoidable failures that can leave patients with lasting harm. If you or someone you care about has suffered due to a retained surgical object, wrong-site procedure, or any other surgical error, it’s important to understand your legal options. Hospitals and healthcare providers must be held accountable when safety protocols break down.
A Chicago medical malpractice lawyer can help you determine whether you have a claim and guide you through the process of pursuing compensation. To discuss your rights, contact our medical malpractice lawyers at Ankin Law in Chicago at 312-600-0000. We offer free initial consultations.
