Never events are situations where deficiency of service and/or negligence is presumed and no trial or expert evidence is required. 

In Nizam Institute of Medical Sciences Vs. Prasanth S. Dhananka and Ors, SC/4119 of 1999 and 3126 of 2000, the Supreme Court of India observed “There may be cases which do not raise such complicated questions and the deficiency in service may be due to obvious faults which can be easily established such as removal of the wrong limb or the performance of an operation on the wrong patient or giving injection of a drug to which the patient is allergic without looking into the outpatient card containing the warning."

In Martin F. DSouza vs Mohd. Ishfaq, 3541 of 2002, dated 17.02.2009, the Supreme Court outlined some situations of negligence:

• Failing to strictly observe current practices, infrastructure, paramedical and other staff, hygiene and sterility 
• Giving a prescription without examining the patient 
• Giving a prescription on telephone (except in an acute emergency)
• Not investigating a patient as necessary 
• Experimenting when not necessary and without written consent
• Not consulting an expert when in doubt 
• Not maintaining full records of diagnosis, treatment, etc.