40% of Medical Malpractice Cases Involve Communication Failures, Report Finds

Candello, a malpractice data collaborative from CRICO, recently released a 10-year follow-up report examining Malpractice Risks from Communication Failures. The report analyzes how breakdowns in communication, both between healthcare providers and patients and among providers themselves, continue to contribute significantly to medical malpractice claims across a wide range of healthcare settings.

According to the report, 40% of malpractice cases between 2014 and 2024 involved communication-related failures, either between providers and patients or through provider-to-provider miscommunication. This represents a 10% increase compared to the prior reporting period of 2009 to 2013. While the data show a slight decrease in provider-to-provider communication failures, the report identifies a troubling rise in breakdowns between providers and patients and their families over the past decade.

Common patient-provider communication failures include situations in which healthcare professionals do not clearly explain diagnoses, treatment plans, or follow-up requirements. Examples include patients who do not receive or fully understand post-procedure instructions, incomplete or inadequate informed consent discussions, and communication barriers related to language differences. Importantly, the report confirms that communication failures affect all medical specialties and care teams.

The findings show that most patient-provider communication breakdowns occur in ambulatory care settings. Among those cases, communication failures were most frequently associated with surgical services (36%), followed by medicine (23%), other clinical services (23%), nursing (10%), and OB/GYN services (8%). Although provider-to-provider miscommunication has declined overall, the report notes that these breakdowns occur most often in inpatient settings, with medicine services experiencing the highest percentage of internal communication failures.

The Candello report also identifies practical opportunities for healthcare providers and organizations to reduce the risk of communication-related malpractice claims. These include strengthening provider-patient communication through clearer explanations and written and verbal instructions and confirming patient understanding. Improving documentation practices and follow-up systems can further help ensure that critical clinical information is delivered accurately and on time. The report also encourages healthcare organizations to address communication vulnerabilities created by evolving technologies and to reinforce communication as a core clinical skill, not merely an administrative task.

Despite advancements in healthcare technology and care coordination, communication failures continue to be a leading driver of malpractice risk. By prioritizing clear, consistent, and verifiable communication with patients and among healthcare professionals, healthcare systems can reduce patient harm and limit liability exposure. Candello’s benchmarking insights provide an important foundation for strengthening clinical practices, improving risk management strategies, and advancing patient safety initiatives.

If you or a loved one suffered a preventable injury or death due to communication failure within a healthcare system and negligent actions by your healthcare provider, contact our experienced medical malpractice attorneys today for a complimentary consultation regarding your case.

Citations:

“Malpractice Risks from Communication Failures: A 10-Year Follow Up.” Candello, CRICO, 17 Nov. 2025, https://www.candello.com/CommunicationRisks