Report: Allegations Related to Diagnoses Most Common in Malpractice Claims

Diagnosis-related allegations of malpractice are the most common neurology claims, a new report shows.

A new medical malpractice review from the Doctors Company examining negligence allegations and contributing factors shows the most common allegation of negligence was diagnosis related (38%) from the period between 2010 and 2025. Medical treatment was behind the allegations at 36%, followed by medication-related (16%) and surgical treatment (5%) allegations.

Indemnity was paid in 31% of neurology claims, while the average paid was $534,000.

Top contributing factors in neurology claims include clinical judgment errors in patient assessment, therapy management, referrals and monitoring. Communication problems were also a common contributor, according to the report.

Factors that are related to patient behavior, like not adhering to a treatment plan, medications, follow-ups and testing are another contributing factor to malpractice allegations.

The average indemnities paid for clinical judgement claims were $573,000. However, higher average indemnities were paid for clinical systems failures ($846,000), followed by communication issues ($650,000), behavior related ($591,000) Allegatoins. Documentation allegations averaged $492,000.