Average Nursing Malpractice Claim in Aging Services Grew 27.1% Since 2020

Professional liability claims occurring in the nursing specialty of aging services have grown in the last five years, according to a new report.

Aging services represented 15% of all professional liability insurance claims, the second most frequent claims group, according to the most recent CNA/NSO Nurse Professional Liability and Claim Report. The average total incurred claim cost rose 27.1% to $179,428 in 2025, up from $141,185 in 2020.

The report is based on 466 professional liability closed claims between Jan. 1, 2020 and Dec. 31, 2024.

Home health nurses accounted for the largest share of claims, 21.7%, and claim severity rose 39.3% up from $216,051 to $301,031. Home settings are the top claim location, with costs increasing 31.9%, the report shows.

Nursing leaders, including directors of nursing, charge nurses and managers made up 13.9% of closed claims, averaging approximately $160,595 per claim incident. Charge nurses had the highest leadership-related malpractice claims average at $266,637, the report shows.

The absence of proper policies had the highest claims cost associated with leadership allegations with $210,567 on average. Treatment and care issues accounted for 56.2% of all claims with an average cost up 15.1% to $241,645, and assessment errors rose from 5.1% to 9.7% of all claims.

Falls remain a serious issue for older adults, as 38.6% of fall-related claims resulted in death. The report’s authors listed fractured or dislocated bones and pressure injuries as among the most commonly reported injuries, according to the report.

Common liability issues in home and senior care include poor management of wounds and pressure injuries, miscommunication among staff, lack of proper supervision and delays in escalating care as a resident’s condition worsens.

One anecdote in the report followed a claim that settled for over $980,000 in an assisted living and memory care community after an 87-year-old woman died from complications to a stage 3 pressure injury. Conflicting reports and miscommunication with home health led to delayed treatment, resulting in the patient’s death.

Some types of insurance, like directors and officers, auto, and workers’ compensation, have leveled out since COVID. General liability has also become more stable, though it remains one of the biggest costs for senior housing operators. For senior living operators, property insurance premiums are rising during a time when many can’t afford steep cost increases.

Many factors have led to continuous increases in insurance premium costs, especially when considering property and general liability coverage.

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