Never events refer to the situations where deficiency of service and/or negligence is presumed and there is no need for a trial of expert’s evidence.

 Following are some examples rectified by various court judgments.

• Removal of the wrong limb^1,6
• Performing an operation on the wrong patient^1,6
• Giving injection of a drug to which the patient is allergic without checking the outpatient card containing the warning1,2,6
• Use of wrong gas during anesthesia, etc.^1,2,6  
• Relatives found a pair of scissors while collecting the last remains. Compensation of Rs. 1.20 lakhs3,5,6
• Mop left in abdomen, 2nd surgery, death (doctrine of res ipsa loquitur applicable)^4-6
• “……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.”⁶

References

1. IMA vs VP Shantha 1995 (6) SCC 651 (37)
2. Spring Meadows Hospital v. Harjol Ahluwalia SC/1014/1998 : (1998) 4 SCC 39
3. Nihal Kaur vs Director, P.G.I.M.S.R. (1996) CPJ 112 ( Chandigarh, stat consumer forum)
4. Achutrao Haribhau Khodwa & ors. vs State of Maharashtra and Ors. (1996) 2 SCC 634
5. 334/2005/SCI/ 144-145 of 2004: Jacob Mathew vs State of Punjab and Anr: 5th  August 2005: R C Lahoti, CJI: Hon’ble Mr. Justice G P Mathur, Hon’ble Mr. Justice P K Balasubramanyan
6. 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.