What is the most common reason patients initiate litigation against healthcare providers?

Poor Communication from Caregivers is the Most Common Reason Patients Initiate Litigation

Poor communication from healthcare providers is the primary reason patients initiate litigation, not medical errors, socioeconomic status, or increasing rates of physician negligence. 1, 2

Evidence on Communication and Litigation

Communication Failures Drive Litigation

• The majority of negligence cases are not related to clinical quality of care but are triggered by inadequate communication 1
• Poor communication is identified as the primary reason for filing lawsuits in more than 80% of cases 3
• A breakdown in the doctor-patient relationship often occurs before the incident that leads to a claim, suggesting patients may be "waiting for their moment to sue" 1

Communication Issues in Medical Practice

• Many lawsuits originate from misunderstandings rather than treatment errors 4
• Surgeons often focus on legal requirements of informed consent while neglecting to explain practical consequences of procedures 4
• Patients frequently have unrealistically high expectations that aren't properly managed through communication 4

Impact of Poor Communication

Patient Perceptions and Expectations

• When providers stigmatize patients with symptoms or conditions, the impact is profound 5
• Patients may develop feelings of guilt and self-blame when their condition is not perceived as "real" 5
• Misalignment between expected and actual treatment results is a common complaint leading to litigation 4

Communication Gaps Between Providers and Patients

• Significant disagreement exists between caregivers and patients regarding communication needs:
  • 39.9% of caregivers desire more communication while only 20.2% of patients report the same 6
  • Of caregivers who desire more communication, 83.1% of their patients do not recognize this need 6

Reducing Litigation Risk Through Better Communication

Effective Communication Strategies

• First impressions are vital, not just with the doctor but with all staff and the healthcare facility itself 1
• Careful listening, sincere empathy early in consultations, and expressions of understanding patient concerns help instill confidence 1
• Patient-centered communication approaches include rapid rapport techniques and patient-centered talking styles 3

Specialist Involvement and Communication

• Timely specialist involvement may reduce litigation risk 7
• Cases where neurologists were named as defendants led to payouts only 37% of the time, suggesting specialist involvement may reduce risk 5
• Doctors put themselves at greater legal risk by not involving appropriate specialists in patient evaluation 5

Common Allegations in Malpractice Claims

Failure to Diagnose and Treat

• The most common allegations in malpractice suits include failure to diagnose, failure to treat, and failure to timely refer to specialists 7
• In stroke cases, failure to timely diagnose and treat are the most common allegations leading to medical malpractice 5

Financial Impact of Litigation

• The average settlement in stroke-related cases is $1,802,693 and the average plaintiff verdict is $9,705,099 7
• More severe injuries lead to higher average payouts, with severe injury resulting in higher payouts than death 5

Communication in Goals of Care

Importance of Shared Decision Making

• Poor communication about prognosis and anticipated course of illness can result in patients receiving more aggressive care than desired 5
• Most patients with serious illness want healthcare providers to initiate conversations about goals of care 5
• Discussion of care options and possible outcomes should take place quickly, with patient preferences included in shared decision making 5

By focusing on improving communication with patients, healthcare providers can significantly reduce the risk of litigation while simultaneously improving patient satisfaction and outcomes.