Which type of nurse gets sued the most?
Asked by: Greta Tillman Jr. | Last update: January 26, 2026Score: 4.3/5 (73 votes)
Home care/hospice is the most frequently sued nursing specialty, followed by adult medical/surgical, then gerontology, and emergency/urgent care, according to recent Nurses Service Organization (NSO) data, though older reports often highlighted medical/surgical as the highest; the high frequency in home care reflects increased volume, while severe injuries (brain, paralysis) drive high costs across many areas like Labor & Delivery (L&D) and Surgery, which are often associated with high-stakes outcomes.
What type of nurse gets sued the most?
Labor and delivery nurses face the most malpractice claims in part because of well-established causal links between certain birth injuries and medical error making it the most litigated field of medicine in general.
Who gets sued the most in healthcare?
According to a study conducted by the American Medical Association (AMA), OB/GYN providers have one of the highest rates of malpractice, with more than 62% of physicians being sued at some point throughout their career.
What is the most common reason nurses get sued?
Nurses often get sued for medication errors, failure to monitor patients, poor communication with other providers, inadequate patient assessment, and issues with infection control or equipment use, all stemming from negligence or breaches in the standard of care, with death and severe injuries like brain damage being common outcomes leading to high-cost lawsuits. Improper delegation, falls, and documentation errors also frequently appear in malpractice claims.
How likely is a nurse to be sued?
Nurses can be named in medical malpractice lawsuits with other practitioners. The review of medical malpractice lawsuits found the top accusations against nurses were patient monitoring (45%), medication mistakes (18%), patient falls (14%), and pressure injuries (10%).
What Doctors Get Sued the Most for Medical Malpractice?
How to avoid getting sued as a nurse?
Stick to the FACTs.
Make sure you document all observations, decisions, and actions. The patient's chart, when taken into the courtroom, is a nurse's best evidence of the care given. The documentation should follow the FACT rule: Factual, Accurate, Complete, and Timely.
What can you be sued for as a nurse?
Like physicians, nurses can be held responsible for harming patients. When a nurse harms a patient through improper treatment, disregard for safety or hospital protocol, or other negligent failure, they can be subject to medical malpractice lawsuits.
What is the most sued medical profession?
Surgery is one of the riskiest medical fields for both patients and doctors. It's no surprise that surgeons have some of the highest rates of malpractice claims.
What are nurses' biggest complaints?
ANA Nursing Resources Hub
- Nursing Issue #1: Inadequate Staff.
- Nursing Issue #2: Mental Health Concerns.
- Nursing Issue #3: Lack of Advancement Opportunities.
- Nursing Issue #4: Fear of Workplace Violence.
Can nurses go to jail for a mistake?
Yes. It is possible for a nurse to face criminal charges and potentially jail time if they have been convicted of patient abuse or neglect, and healthcare fraud.
What profession has the most lawsuits?
Ultimately, as shown by the data, it's no surprise that surgeons are the most often sued professionals in the medical field with 90% of surgeon participants having been involved in a legal dispute regarding medical malpractice.
What medical specialty is least sued?
Family general practice, pediatrics, and psychiatry are the specialties that are least likely to be sued for medical malpractice. Psychiatrists have the lowest risk, with only 2.6% facing claims. Why Are Certain Specialties Being Sued More Than Others?
What doctor makes 700K a year?
Cardiac Anesthesiologist – $700K Annual Compensation.
What are the odds of winning a lawsuit against a nursing home?
While exact odds vary, nursing home abuse/neglect cases have a high success rate, with some studies showing plaintiffs receiving compensation in 88-90% of cases, often through settlements rather than trial, but proving the case hinges on strong evidence of neglect or abuse causing harm, which can be challenging due to lack of documentation or resident inability to communicate. Strong cases with clear evidence (medical records, photos, witness statements) significantly improve your chances, with serious cases like wrongful death or severe injury yielding higher settlements.
What are the most common examples of nursing malpractice?
- Medication Errors. Medication errors are among the most frequent and dangerous forms of nursing malpractice. ...
- Failure to Monitor Patients. ...
- Documentation Errors. ...
- Miscommunication Among Healthcare Staff. ...
- Neglecting Standard Procedures. ...
- Failure to Act on Changes in Patient Condition. ...
- Injuries During Patient Handling.
Why are OBGYNs most sued?
To be more specific, these are some of the most common reasons why American obstetricians and gynecologists get sued for medical malpractice: Maternal and/or fetal death during pregnancy and/or childbirth. Failed tubal ligations.
Which nurse is most likely to be sued?
Medical-surgical nursing represents the most frequently sued nursing specialty, accounting for 36.1% of lawsuits. Again, I find this unsurprising given that med/surg nurses typically have higher patient ratios, making them more prone to mistakes.
What personality type are most nurses?
Nurses tend to be predominantly investigative individuals, which means that they are quite inquisitive and curious people that often like to spend time alone with their thoughts. They also tend to be social, meaning that they thrive in situations where they can interact with, persuade, or help people.
Why do nurses have the highest divorce rate?
Some psychologists believe that long hours caring for other people translates to stress at home and higher divorce rates. Among the contributing factors are long hours (including weekend/holiday shifts) mandatory overtime, inadequate pay, short staffing and demanding patient care.
What nursing specialties get sued the most?
Home care includes home health, hospice, and palliative care, and is the most frequently sued nursing specialty (36.1%).
What are the 4 D's for a malpractice suit to be successful?
In medical malpractice law, proving negligence isn't as simple as showing that you were hurt. There's a specific legal framework, known as the Four Ds of Medical Negligence, that must be satisfied for a case to move forward: Duty, Dereliction, Direct Causation, and Damage.
What is the most underpaid medical specialty?
The lowest-paid doctor specialties consistently include Pediatrics, Family Medicine, Psychiatry, Public Health/Preventive Medicine, Endocrinology, and Infectious Diseases, often due to their primary care focus and lower volume of high-paying procedures, though exact rankings vary slightly by report. Subspecialties within Pediatrics, like endocrinology or infectious diseases, can also be among the lowest earners.
Do nurses or doctors get sued more?
2021 and discovered that 31.5% of claims occurred in physician office practices. Only 13.8% of claims, however, occurred in nurse practitioner office practices.
What mistakes should a nurse never make?
The 7 Most Common Nursing Mistakes (And What You Can Do If You Make One)
- Mistake #1: Preventable Infections.
- Mistake #2: Improper Documentation.
- Mistake #3: Medication Errors.
- Mistake #4: Disregarding Risk Management Procedures.
- Mistake #5: Patient Falls.
- Mistake #6: Task Overload.
Can a nurse go to jail for malpractice?
Other examples include instances of unintentional but improper medication, resulting in patient death, resulting in criminal prosecution of the nurse for “gross breach of medical protocol.” Additionally, failure to properly supervise or care for patients can result in criminal charges face criminal charges for ...