This article explains when nurses can be sued, the most common legal risks, and the legal rights every RN should understand to protect their career and livelihood.
Can a Nurse Be Sued Personally?
Yes, a nurse can be sued personally for professional negligence, also known as malpractice. However, whether a lawsuit targets the nurse, the employer, or both depends on several factors:
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The nurse's role and responsibilities
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Whether the nurse followed hospital policies
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Employment status (employee vs. independent contractor)
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The nature of the alleged error
In many cases, lawsuits initially name multiple parties, including the hospital, physicians, and nursing staff.
Common Reasons Nurses Face Lawsuits
Most claims against nurses fall under professional negligence rather than intentional wrongdoing. Common causes include:
1. Medication Errors
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Incorrect dosage
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Wrong medication
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Failure to check allergies
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Improper administration
2. Failure to Monitor or Assess
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Not recognizing changes in patient condition
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Delayed response to complications
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Incomplete documentation
3. Failure to Follow Protocols
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Ignoring established procedures
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Inadequate infection control
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Improper patient restraints
4. Documentation Issues
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Missing or inaccurate charting
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Late entries without clarification
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Incomplete incident reports
Good documentation is one of the strongest legal defenses for nurses.
Are Nurses Protected by Their Employer?
In many cases, yes—but not always.
Employer Liability (Vicarious Liability)
Hospitals and healthcare facilities are often legally responsible for the actions of their employees if:
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The nurse was acting within their scope of employment
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The incident occurred during work hours
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Policies and procedures were followed
However, employer protection has limits.
When a Nurse May Not Be Protected
A nurse may face personal liability if they:
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Act outside their scope of practice
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Violate hospital policies
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Ignore physician orders without justification
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Work while impaired
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Commit intentional misconduct
In these situations, the employer may deny coverage, leaving the nurse personally exposed.
Can a Nurse Lose Their License After a Lawsuit?
Yes. Legal action and licensure discipline are separate processes.
A nurse can:
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Win or settle a lawsuit and still face board discipline
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Be reported to the state nursing board even without a lawsuit
Boards of nursing focus on public safety, not financial damages. Penalties may include:
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Fines
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Mandatory education
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License suspension
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License revocation
Do Nurses Need Personal Malpractice Insurance?
Many nurses assume their employer's insurance is enough. While employer coverage helps, it primarily protects the institution—not the individual nurse.
Benefits of Personal Nursing Liability Insurance
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Covers legal defense costs
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Provides license defense coverage
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Protects against personal asset exposure
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Offers coverage if the employer denies protection
Personal policies are generally affordable and provide peace of mind, especially for nurses in high-risk specialties.
What Legal Rights Do Nurses Have?
Every registered nurse has important legal rights, including:
1. Right to Due Process
Nurses have the right to:
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Be informed of allegations
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Respond to complaints
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Have representation during investigations
2. Right to Legal Counsel
You have the right to consult an attorney before:
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Giving written statements
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Speaking to investigators
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Signing settlement agreements
3. Right to Practice Within Scope
You cannot be legally forced to perform tasks outside your license or training.
4. Right to Refuse Unsafe Assignments
Nurses may refuse assignments that:
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Endanger patients
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Exceed competency
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Violate regulations
Refusals should always be documented appropriately.
How Nurses Can Reduce Legal Risk
While lawsuits cannot always be prevented, nurses can significantly reduce risk by:
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Following policies and procedures
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Documenting thoroughly and objectively
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Communicating clearly with patients and staff
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Staying within scope of practice
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Maintaining continuing education
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Carrying personal malpractice insurance
Professional judgment backed by proper documentation is your strongest protection.
What to Do If You Are Named in a Lawsuit
If you are notified of legal action:
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Do not discuss the case with coworkers
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Notify your employer immediately
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Contact legal counsel or your insurance provider
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Do not alter medical records
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Follow all legal instructions carefully
Early legal guidance can make a significant difference in outcomes.
Are Lawsuits Against Nurses Common?
While nurses are named in lawsuits less frequently than physicians, claims do occur—especially in high-acuity settings such as:
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Emergency departments
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Intensive care units
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Long-term care facilities
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Home healthcare
As healthcare complexity increases, legal exposure also rises.
Nursing is a profession built on trust, skill, and accountability. While the possibility of being sued exists, understanding your legal rights—and taking proactive steps to protect yourself—can dramatically reduce both risk and stress.
Being informed is not about fear; it's about professionalism. Nurses who understand their legal responsibilities and protections are better equipped to provide safe, confident, and effective patient care.
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