▪︎ 2026 Nurse Malpractice Report
- Do you know the nursing practice area with the highest claim rate (i.e. highest number of malpractice claims)?
- Do you know which nursing specialty pays the highest dollar amount for claims? You’ll find the answers below.
If nurses know the areas of nursing that pose the highest risks, they can be more prepared to avoid these risks. At the end of this article I will provide you with some links to courses designed to empower you by giving you practical tools and strategies you can incorporate into everyday practice.
Most nurses know the nursing malpractice carrier NSO. The following information is a summary of NSO’s 2026 Claim Report, which reveals some interesting shifts in nursing malpractice claims. Here are some of the key findings:
Rising home healthcare claims. Home healthcare nurses have the highest number of claims in nursing. Moreover, the average amount paid for a claim has increased significantly from $216,051 to $301,031- almost a 40% increase.
Other nursing specialties with high claim rates. In addition to home healthcare, adult medical and gerontology (limited to practice in an aging services facility) nurses saw an increase in the number of claims and account for 45% of the total.
Key allegations. A majority of nurse professional liability claims involved allegations of inadequate or substandard treatment/care (56.2%). The second most frequent category of allegations involved patients’ rights/abuse/professional misconduct claims (18.2%).
Board of Nursing License Issues. The average payment per license defense matter increased by 18.3%, from $5,330 in the 2020 dataset to $6,304 in the 2025 dataset. Professional misconduct complaints had the highest distribution of all license protection closed matters in the 2025 dataset, at 38%.
LPN/LVN claims amounts are significantly higher than RNs. While licensed practical nurse/licensed vocational nurse claims represented only 8.6% of claims in the 2025 dataset, their average total incurred ($293,507) was 36.2% higher than RNs.
Who Gets Sued the Most:
In addition to the above findings, I note that as aesthetic/cosmetic nursing practice has increased so have the claim rates. In fact, the rate has doubled since 2025.
On the other hand, while obstetric-related claims do not have the highest claim rate, they consistently have the highest amount paid to resolve the claim. Figures 5 and 6 below provided by NSO reveals that these claims continued to have the highest average total incurred severity at $543,305 Overall, the severity of these claims often reflects the significant cost of life care plans for infants with permanent birth-related injuries.
Who Pays the Most:
If you’d like to see case examples of each of the above allegations and an explanation of the relevant nursing laws that were applied, follow this link to my Nurse’s Law School – A Practical Legal Guide for Nurses (7.6 CE Hours): https://nursinglawcenter.com/product/the-nurses-law-school-a-practical-legal-guide-for-nurses-7-2-ceus/. You can also purchase a 60+ page Guidebook of the Nursing Laws.
As legal risks for nurses increase, you need to know the key laws governing nursing and how they apply to practice situations. This Course covers all the major topics including nurse practice acts, nursing negligence, common nursing error cases, documentation requirements, confidentiality, informed consent, Board of Nursing discipline, COVID-19 issues, and more. It also includes over 20 nursing case studies so you can learn from real life mistakes and understand how to avoid common errors. As a Nurse Attorney with over 40 years of practice I can help you avoid negligence claims and problems with the Board of Nursing. Learn how to protect yourself, your patients, and your license!
Laurie Elston JD BSN
www.NursingLawCenter.com
Law Office of Laurie R. Elston Inc.
📞 T: (805) 481-1001
📧 Email: Elston@charter.net
