Clinical Risk Management Defending a “ Never Event ”

By John R. Shepperd There are medical mishaps that have been deemed “Never Events” by the Centers for Medicare & Medicaid Services (CMS). This term refers generally to preventable occurrences so egregious that they should never occur. But they do occur. And when they do, litigation often follows. This article focuses on one such Never Event—the operating room fire—with strategies on how to defend it. Information provided in this article was derived from a review of the relevant literature and from the author’s personal experience defending lawsuits arising from Never Events, including a jury trial involving a surgeon who was sued for a patient’s injuries after a fire erupted in the operating room.