Patient Complaints: How to Avoid a Medical Malpractice Claim

Many Americans have serious problems with the U.S. healthcare system. Research conducted by Harris Poll for the American Academy of Physician Associates found that 54% think healthcare is going in the wrong direction, and 73% of U.S. adults say the system isn’t meeting their needs.

While some problems are systemic, including complaints about inadequate insurance, many patient issues involve problems with providers. In fact, 47% of Harris Poll respondents describe their providers as overburdened, 66% believe their provider is too rushed, and 30% personally felt they weren’t provided with enough time during an appointment to address concerns.

A 2024 report from the Centers for Medicare & Medicaid Services also identified a 79% increase in complaints against hospitals in fiscal year 2024, with more than 14,500 complaints about the quality of care provided. Hospital complaints often focus on issues related to hospital care, such as patient safety, communication breakdowns, and the attitudes of hospital staff including physicians, nurses, and healthcare managers.

Of course, there is variation among states in terms of care quality, with 60.7% of hospitals in Utah receiving an A rating for patient safety, compared with 0% in Iowa, North Dakota, Vermont, and Wyoming.

Research and reports on patient complaints often use descriptive study designs and content analysis to systematically examine the written content of complaints. These methods help categorize and interpret patient-reported experiences, shedding light on recurring issues in healthcare communication and encounters.

Unfortunately, a higher number of complaints against providers results in more medical malpractice claims, with research showing that physicians who have the lowest patient satisfaction ratings end up with a 110% higher rate of lawsuits. Patient complaints can provide unique insights into aspects of care and problems that may not be captured through traditional quality metrics. Addressing these complaints can help improve quality, enhance communication, and increase patient satisfaction.

Providers who are clear on the most common sources of patient complaints and who respond appropriately to complaints can reduce their litigation risk. Let’s take a look at the most common patient complaints, along with the best ways to respond when issues arise.

Top Patient Complaints & Patient Satisfaction

According to a meta-analysis of 59 publications related to patient complaints across multiple countries from hospitals, emergency units, mixed, and specialty units, the analysis was based on complaints submitted by patients, highlighting the importance of systematic data collection to accurately understand patient experiences. Patient complaints are a valuable source of information for identifying areas needing improvement in healthcare.

Here are the top reasons for patient complaints, with long wait times being a frequent issue reported by patients.

1. Problems With Treatment

In total, 22.1% of patient complaints related to issues with treatment that a provider administered. This included:

  • Providers offering inadequate or inappropriate medical care
  • Providers offering low-quality care when administering treatment
  • Complications of treatment not being fully explained

An assessment of online reviews from patients also confirmed that complaints about medical skills were a common issue, with patients going online to report false diagnoses and medical mistakes.

Botched treatment can directly impact the outcomes of medical care and the health of patients, leading to malpractice claims based on misdiagnosis, surgical errors, medication errors, failure to treat, breach of duty, or lack of skill.

Providers should look to prevent these types of errors by fully explaining treatment risks and alternatives, following evidence-based care protocols, receiving regular professional training, and charting with a jury in mind to ensure that care decisions are documented. Patients often express a desire for more information and involvement in decision-making about their medical care.

2. Communication Failures

Poor communication was the second leading cause of complaints about care providers, accounting for 16.8% of patient complaints. Communication issues within a medical practice may include:

  • Poor explanations or information sharing
  • Lack of clarity in communications
  • A breakdown in communication between the staff, provider, and patients

Communication failures can occur when providers don’t relay the correct information to patients, or when providers don’t listen to patients and misidentify medical issues as a result. This type of error can lead to malpractice claims based on delayed testing, failure to diagnose medical conditions, or failure to obtain informed consent. Patients often feel anxious about waiting for test results or follow-up information from their healthcare providers.

These types of complaints can be minimized by developing structured communication policies, employing the teach-back technique where patients repeat instructions to demonstrate understanding, using techniques like Situation‑Background‑Assessment‑Recommendation (SBAR) to ensure critical information isn’t lost during patient transmissions, and effective use of electronic health records. Seeing the situation from the patient's perspective is essential to improving communication and building trust. Analyzing patient complaints can also provide insight into recurring communication problems and help identify areas for improvement.

Studies also demonstrated that primary care physicians were significantly less likely to experience malpractice claims if they used more orientation statements educating patients on what to expect; incorporated more laughter and humor in their practice; solicited patients’ opinions more frequently; and checked in on patient understanding and encouraged them to communicate.

3. Skills & Conduct Issues

Problems with how staff and providers conducted themselves were the cause of 15% of patient complaints, with the most frequent concerns related to:

  • Issues with how the medical staff treated patients
  • Poor attitudes on the part of staff members
  • Misapplication of clinical skills
  • Insufficient staff

Other past research has confirmed that as many as 72% of complaints involve some element of staff insensitivity, while 20% involve a misapplication of clinical skills.

Rude behavior and poor attitudes on the staff or providers can cause patients to be reluctant to receive follow-up care or to follow treatment plans, and can make patients more likely to file medical malpractice claims when diagnostic or treatment errors occur. Misapplication of clinical skills can also lead to claims based on misdiagnosis or botched treatment.

Providers can reduce the risks of these patient complaints by treating each patient as a person with unique needs, cultivating a culture of respect and dignity, implementing professionalism and empathy training, and avoiding staffing shortages or conditions that can result in burnout. Empathy workshops that use role-playing exercises have been shown to help staff regulate emotions and improve their interactions with patients.

4. Difficulty Accessing Healthcare Services

A total of 14.8% of patients’ complaints related to challenges in accessing medical services. The biggest issues included:

  • Problems getting appointments or being admitted to care
  • Limited availability on the part of providers
  • Providers refusing visits

When patients cannot access care, medical conditions could worsen or go undiagnosed. A delay in follow-up testing or treatment could potentially lead to a malpractice claim if the provider knew, or should have known, that the delay increased the patient’s risk.

Offering telehealth and secure messaging services, using online scheduling and centralized booking, using triage protocols to schedule patients, and tracking wait times and no-show rates can all reduce the risks of patient complaints arising from access to care issues.

Implementing automatic reminders via phone, text, or email helps reduce no-shows and improves appointment adherence. Efficient follow-ups and clear scheduling are also important to enhance patient care and satisfaction. Practices should clearly outline the preferred method of communication for patients to access care, ensuring accessibility for both urgent and non-urgent issues.

Patients are encouraged to speak with their healthcare team first to resolve complaints related to access.

5. A Lack of Respect & Care for Patients

In total, 13.9% of all patient complaints related to a lack of respect, dignity, and caring. Examples included:

  • Rude behavior
  • Patients not feeling respected and heard, sometimes perceiving that other patients receive better or more attentive treatment
  • Insufficient empathy or acknowledgment of the patient’s feelings
  • A feeling that the provider or staff didn’t care about the patient, which can negatively impact the overall healthcare experience.

An assessment of online reviews confirmed that as many as 43% of negative patient reviews posted on the internet included complaints about the provider’s bedside manner. When patients don’t feel seen and heard, this can increase the risk of malpractice, with studies showing that a breakdown in the patient-physician relationship is a significant risk factor for claims.

Providers should allow adequate time with each patient, undergo cultural competence training, and practice active listening to help reduce the risk of complaints based on a lack of respect and care in health care settings. It is also important to provide patients with clear communication and support to enhance their experience and satisfaction.

Regularly collecting patient feedback can also help to identify underlying issues. Closing the feedback loop by informing patients about improvements made based on their input enhances patient satisfaction.

6. Bureaucratic Issues

In total, 11.9% of complaints related to bureaucratic issues, including:

  • Clinic or care provider’s policies
  • How care was organized
  • The procedures for accessing care
  • Billing issues, including unclear medical bills and discrepancies, are common complaints among patients.

Administrative tasks can distract providers from patient care and limit the time providers spend with patients, while disorganized care can result in inadequate communication between providers. Maintaining accurate patient records is essential to support efficient care, streamline communication, and improve responsiveness to patient needs.

These bureaucratic problems increase the risk of continuity of care failures, leading to problems like misdiagnosis or delayed diagnosis, medication errors, or inadequate treatment that result in malpractice claims. Patient relations departments play a key role in handling patient complaints and ensuring patient satisfaction by providing trained staff to address concerns effectively. It is also important that patient complaints are properly cited and documented for transparency, accountability, and to support rigorous analysis and improvement efforts.

Automating routine tasks, empowering frontline staff in decision-making, regularly collecting and acting upon patient feedback, and embedding risk management plans into organizational policy decisions can reduce the risk of complaints arising from bureaucratic issues.

Data-Driven Approach to Reducing Patient Claims

A data-driven approach is transforming how healthcare providers address patient complaints and improve patient satisfaction across the healthcare system. By systematically collecting and analyzing chief complaint data and healthcare complaints, medical practices gain valuable insight into the most common patient complaints and underlying issues affecting patient care.

Tracking chief complaint data allows healthcare professionals to identify patterns in symptoms, concerns, and service gaps that patients present with, whether in primary care, emergency departments, or hospital settings. This information helps clinicians and administrators understand the patient’s perspective and prioritize areas for quality improvement.

Analyzing healthcare complaints and reviewing complaint processes also enables practices to pinpoint recurring problems—such as delays in care, unclear communication about treatment plans, or administrative hurdles—that may otherwise go unnoticed. By leveraging this data, healthcare providers can implement targeted strategies to enhance patient engagement, ensure patients feel heard, and provide clear, concise information about their diagnosis and treatment plan.

Furthermore, a data-driven approach supports the development of more efficient complaint processes, making it easier for patients to voice concerns and for staff to respond promptly. Regularly reviewing complaint trends and chief complaint data helps healthcare organizations adapt their practices, improve performance, and ultimately deliver higher quality care.

By embracing data analysis and continuous feedback, healthcare providers can foster a culture of transparency and accountability, leading to better patient outcomes, increased patient satisfaction, and a reduction in medical malpractice claims throughout the healthcare environment.

How To Respond Effectively to Patient Complaints

While the majority of complaints involve some type of clinical judgment issue, studies have shown that most complaints occur as a result of a series of adverse events that motivate patients to act. Analyzing these complaints can provide insight into system-wide problems and help improve quality at both the individual and organizational level. Open access articles are valuable resources for sharing best practices and insights on addressing patient complaints, as they are freely available and promote transparency in healthcare.

This means you have multiple opportunities to head off a complaint before patient dissatisfaction reaches its boiling point. This can be done by:

  • Developing a streamlined process for medical incident reports so complaints and problems can be accurately documented and tracked
  • Tracking patient experience throughout their care journey
  • Monitoring data for trends like repeated appointment delays
  • Ensuring informed consent and providing opportunities for open communication throughout the care process
  • Proactively engaging with patients when any minor issues occur

Unfortunately, even when following best practices, complaints can still arise. When they do, responding effectively could help minimize the damage to the doctor-patient relationship and reduce the chances of medical malpractice litigation. If patients are not satisfied with the response from their healthcare team, they can contact Patient Relations. If they remain unsatisfied after contacting Patient Relations, patients may escalate their complaints to outside resources.

According to multiple studies, there are two primary outcomes desired by patients and family members who make formal complaints:

  1. A patient-centric response, such as an explanation of how the incident occurred
  2. Quality improvements on the system-level to prevent similar errors from happening to others.

Providers who understand and respond to these needs can reduce the risk that a complaint will escalate into malpractice. Techniques include:

  • Quickly acknowledge the issue: Since communication breakdowns are the root of many malpractice complaints, providers must respond immediately to complaints to avoid exacerbating the issue.
  • Investigate complaints thoroughly: Providers need to get to the root of the complaint, assess its validity, understand their liability risk, and determine what went wrong. This can include speaking to the patient and staff.
  • Communicating openly about errors: Studies have shown that discussing hospital errors with patients does not increase malpractice claims. In fact, communication and resolution programs have been shown to result in a small number of malpractice claims and reduce payments when compensation is provided.
  • Offer plain-language explanations and practice empathy and active listening when responding to patient complaints: Patient satisfaction after adverse events is highest when communications are empathetic, with patients expressing a strong need to be heard without interruption when discussing issues with physicians.
  • Apologize when appropriate: Apology laws in many states limit the admissibility of certain statements that providers make in the aftermath of a patient complaint or adverse patient outcome. These laws enable you to ensure patients feel heard and acknowledged without increasing your liability risk.
  • Developing a system to record and act upon complaints, including incorporating complaints into risk management processes and sharing aggregated complaint data with clinical teams: Since a desire for improvement is a leading motivating factor among patients who make complaints, demonstrating that you have processes in place to respond to issues and implement change can help patients to feel they’ve accomplished their goal.
  • Provide proper staff training: Since staff issues are a top cause of patient complaints, you’ll need to implement effective training protocols to respond to complaints and reduce the risk of future issues.

FAQs

What is the most common complaint heard from patients?

The most common complaint heard from patients relates to problems with treatments. Other common complaints include communication failures, staff conduct issues, access to care issues, and bureaucratic issues.

What should you do when a patient calls with a complaint?

When a patient calls with a complaint, you should listen carefully to the patient, document the issues, show empathy, and ask clarifying questions. When appropriate, apologize for the situation and work with the patient to identify an effective resolution.

What are the five steps of the complaint process?

Five steps involved in responding to patient complaints include:

  • Acknowledging the complaint
  • Empathizing and apologizing where appropriate
  • Investigating and identifying solutions
  • Implementing appropriate fixes
  • Following up to confirm resolution and prevent further issues

Medical Malpractice Risks Remain After Patient Complaints

Following these best practices can reduce the risk of a claim resulting in litigation, can help protect your professional reputation, and can help restore trust with patients.

Unfortunately, even in the best-case scenario, some complaints do result in malpractice claims or settlements with patients, so it’s also important to ensure you have the appropriate malpractice coverage in place.

If you need medical malpractice insurance, contact Indigo or get a quote today to get started.

Image by gremlin from iStock.

Disclaimer: This article is provided for informational purposes only. This article is not intended to provide, and should not be relied on for, legal advice. Consult your legal counsel for advice with respect to any particular legal matter referenced in this article and otherwise.

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