Surgical Never Events: What Errors Should Never Occur During Surgery

In the world of healthcare, some mistakes are so serious—and so preventable—they are called “never events.” These are surgical errors that should never happen under any circumstances. Unfortunately, they still occur in hospitals and surgical centers across the country, including right here in Atlanta, GA. At Race Law Firm, we help victims of surgical never events hold medical providers accountable when these inexcusable errors lead to pain, injury, or permanent harm.

What Are Surgical Never Events?

Surgical never events are serious medical mistakes that result from a clear breakdown in safety protocols, communication, or proper procedure. According to the National Quality Forum (NQF) and the Centers for Medicare & Medicaid Services (CMS), these errors are entirely avoidable with standard safety practices and proper training.

Examples of surgical never events include:

• Performing surgery on the wrong body part
• Performing surgery on the wrong patient
• Leaving surgical instruments or sponges inside the patient
• Performing the wrong surgical procedure
• Anesthesia errors that result in serious harm or death

These are not routine complications or known risks of surgery—they are preventable mistakes that almost always lead to medical malpractice claims.

How Often Do These Errors Happen?

While the term “never event” suggests extreme rarity, these incidents happen more frequently than most people realize. A study published in the journal Surgery estimated that surgical never events occur over 4,000 times per year in the U.S. alone. That includes roughly:

• 39 wrong-site surgeries per week
• 20 retained surgical items per week
• 20 wrong procedures performed weekly

Even with strict protocols such as time-outs and surgical checklists, human error, poor communication, staff shortages, and system failures still lead to life-altering consequences for patients.

Legal and Medical Consequences

In nearly every case, surgical never events trigger a medical malpractice claim because the standard of care was clearly violated. Victims may face additional surgeries, permanent disabilities, infections, emotional trauma, and in some cases, wrongful death.

At Race Law Firm in Atlanta, we investigate never events thoroughly, working with medical experts to uncover how and why the error occurred, and who is responsible. We help clients pursue compensation for:

• Medical expenses
• Lost income
• Pain and suffering
• Long-term disability or rehabilitation costs

Hospitals are required to report many never events to state and federal agencies, but these cases still require legal action to ensure full accountability and fair compensation.

Atlanta Patients Deserve Safer Surgeries

Whether your surgery was performed at a major Atlanta hospital or a local outpatient center, you have the right to safe and competent care. If you or a loved one has suffered from a surgical never event, you don’t have to navigate the legal aftermath alone.

Kevin Race spent 25 years defending insurance companies and hospitals—now he uses that insider knowledge to fight for you. Contact Race Law Firm today for a free consultation. Our Atlanta-based medical malpractice attorneys will fight for the justice and answers you deserve.