Clinical judgment is the most common contributing factor in cardiology malpractice claims. Claims involving patient behavior, such as not following treatment regimens, carry the highest average payment, at more than $425,000.
Napa, Calif.-based The Doctors Company analyzed 321 analyzed cardiology claims from 2010 to 2025, including 321 claims in its review of negligence allegations, using a Candello taxonomy. Thirty-one percent closed with an indemnity payment to the patient or plaintiff, through settlement or adjudication, and the average payment was $394,000, according to the report.
Here are eight more findings:
1. Medical treatment and diagnosis-related allegations tied for the most common, each cited in 36% of claims (115 each). Medical treatment allegations include improper management of the treatment course, improper performance of a treatment or procedure and improper management after a procedure. Diagnosis allegations include failure to diagnose, delayed diagnosis and wrong diagnosis.
2. Medication-related allegations made up 13% of claims (42), and surgical treatment (non-anesthesia) allegations made up 7% (23).
3. Average gross expense incurred per claim was $79,000.
4. Clinical judgment was a contributing factor in 69.16% of claims, with an average gross payment of $398,000. The report says clinical judgment issues often involve patient assessment or choice of therapy.
5. Communication was a factor in 41.43% of claims ($384,000 average). This includes communication between patients or families and practitioners, as well as among practitioners.
6. Behavior-related factors appeared in 28.35% of claims and had the highest average payment, at $429,000. These are tied to patient adherence to treatment regimens, medications, follow-up appointments and diagnostic tests.
7. Documentation was a factor in 22.43% of claims ($387,000 average), and technical skill in 13.40% ($404,000 average). Claims can involve more than one factor, so the percentages add up to more than 100.
8. To reduce risk, the report recommends following American College of Cardiology and American Heart Association guidelines, using clinical decision support tools and taking thorough patient histories. It also recommends reviewing pertinent imaging, confirming patient understanding by having patients repeat back information and documenting the clinical rationale behind treatment recommendations.
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