Nursing Malpractice Claims on the Rise, Report Finds

FORT WASHINGTON, Pennsylvania—The Nurses Service Organization (NSO) has released findings in its 2025 data set claim report that shows a growing rate of malpractice claims involving nursing professionals. “The Nurse Professional Liability Claim Report: 5th Edition” highlights the top professional exposures facing nurses, including professional liability claims and license protection matters, as well as case studies, analysis and insights. 

According to the data, the average total incurred cost of malpractice claims involving nursing professionals increased 12.5% to $236,749, and claims above $750,000 have risen to 7.9% since the 2020 dataset.

“Our goal with this report is to help nurses recognize risks before they become realities, and to empower them with tools and strategies that can be integrated into everyday practice,” said David Griffiths, Aon Affinity Healthcare president. “By doing so, we aim to foster safer environments for nurses and for the patients in their care.” 

Other key report findings of the 2025 dataset reveal: 

• Rising home health care claims: Malpractice claims involving home health care nurses now average $301,031—a 39.3% increase since the 2020 dataset, and account for 21.7% of all nurse malpractice claims, the highest share of any nursing specialty.
• Nursing specialties with the most claims: Home health care, adult medical and gerontology (limited to practice in an aging services facility) nurses all saw an increase in the number of closed claims and account for 45% of the total closed claim distribution. While only representing 4.5% of closed claims, aesthetics/cosmetics nurses saw their share of claims double since the 2020 dataset.
• Key allegations: A majority of nurse professional liability claims involved treatment/care allegations (56.2%). The second most frequent category of allegations involved patients’ rights/abuse/professional conduct claims (18.2%).
• License protection trends: 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 conduct complaints had the highest distribution of all license protection closed matters in the 2025 dataset, at 38%.
• LPN/LVN claim differences: 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 registered nurses.  

“By understanding the factors that lead to claims, nurses can adopt strategies to reduce risk and lower the chance of litigation,” said Crystal Miller, underwriting director at CNA Insurance. “This report aims to promote awareness of trends and claims drivers to enhance risk management knowledge and safety for nurses and patients alike.” 

The report also features upcoming nurse spotlights with links to resources that highlight risk control best practices for license defense, documentation, artificial intelligence, technology in nursing, liability for charge nurses and nurse well-being/mental health.