In this Edition: Retained Surgical Items Still Occur, The Holiday Rush of Risk, and More

The High Cost of Miscommunication: A Persistent Risk in Medical Liability

Drawn from malpractice case data spanning 2014–2024, below are five examples that show just how common and consequential these breakdowns have become.

1. Communication failures appear in 4 out of 10 asserted medial professional liability (MPL) cases, making them some of the most consistent risk factors across a decade of claims.
2. When communication breaks down, a case has 39% higher odds of closing with an indemnity payment. 
3. Provider-to-patient communication failures are getting worse, not better, rising to 63% of cases, up from 58% in the prior analysis. 
4. Most provider-to-patient communication errors happen outside the hospital, with 60% occurring in ambulatory settings. 
5. Provider-to-provider communication breakdowns often derail diagnosis, as 27% of these cases included diagnostic failure allegations.