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Home Health Care Faces Surge in Malpractice Claims, costs Soar 39%
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A new report reveals that home health care is now the leading nursing specialty for malpractice claims, posing significant financial risks to providers as claim costs continue to climb.
Home health care has surpassed other nursing fields in the number of malpractice claims filed, according to data released by the Nurses Service Association (NSO). The average cost of a malpractice claim involving a health care nurse is projected to reach $301,031 in 2025 – a significant 39% increase since 2020. This escalating trend underscores the unique challenges and vulnerabilities inherent in providing care outside of conventional hospital settings.
Rising Costs and Unique Risks in Home Health
The NSO report, based on an analysis of 466 closed professional liability claims between January 1, 2020, and December 31, 2024, found that home health care accounted for 21.7% of all closed malpractice claims among nursing specialties. This makes it the highest proportion of any single specialty.
“More importantly, however, … the average total incurred has increased significantly from $216,051 to $301,031, a total of 39.3%,” the report’s authors wrote. This dramatic rise in costs is prompting a closer look at the factors contributing to these claims.
According to the NSO, home health nursing presents specific risks not typically found in institutional settings. These include exposure to environmental hazards and the often isolating reality of nurses functioning as the sole health care provider on-site, without direct supervision.
A Tragic Case Highlights Systemic Issues
The report details a especially sobering case that exemplifies the potential for devastating outcomes. A newly licensed registered nurse (RN), employed by a home health agency, was assigned to care for a pediatric patient dependent on a ventilator. The infant became cyanotic – turning blue due to lack of oxygen – and the nurse attempted resuscitation.However, emergency responders arriving on the scene observed that the nurse was performing chest compressions improperly.Tragically, the child later died at the emergency department.
“Nursing experts opined that the RN did not act within the standard of care,” the report stated. The nurse herself testified that she lacked prior experience or training in managing pediatric ventilator patients and that the orientation provided by the home health agency was inadequate. The case ultimately resulted in a settlement exceeding $475,000.
This case underscores a critical vulnerability: the placement of early career nurses in clinical settings where they lack the necessary knowledge, experience, and clinical competency.
Addressing the Crisis: Training and support are Key
To mitigate these risks and curb the rising tide of malpractice claims,the report’s authors strongly recommend that home health agencies prioritize enhanced training and support for their nursing staff. specifically, they advocate for expanded orientation and mentorship programs, increased use of simulation experiences, and the implementation of nurse residency programs.
The report also notes that investing in more extensive training can improve nurse retention – a crucial factor in an industry grappling with persistent staff
