Background: Medical negligence occurs when a professional is failed to use proper level of care, skill or diligence in the performance of its activity causing harm to its patient or when he failes to act in accordance with accepted medical practice.

Medical negligence suits have become an issue of concern for doctors and health service departments and it can be a significant event for anyone, including a physician that can be emotionally draining.

Attempts by physicians to understand and prevent unwanted situations that can lead to litigation are important, but little is known about malpractice.

Methods: This investigation is cross sectional in five years duration of 1381 to 1385. All cases discussion in physician communication in Kerman was studied. We use SPSS for analysis of results.

Results: In this investigation of 135 cases, 41 cases (30.4%) were positive negligence. The most common negligence was carelessness (45.5%). Among the cases in 5 years, claims were rising, but the positive negligence was the same. The most claims were from universal centers. The most grievance was of physician and then health care service and the third was hospital technical responsible, but the most negligence was done by hospital technical responsible.

Conclusion: Because of rising in lawsuits, physicians and health care service should pay more attention to treatment of patients. The most grievances were of physicians in sex field of ginecology, surgery, ophthalmoloty and or thopaedy. At all, surgical procedures were the greatest generator of claims. If relationship between patients and physicians become better, patients would never claim.