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Do Nurses Need Malpractice Insurance?

Aug 26, 2026

If there is a professional practice (i.e. “legal”) question I get more than “Is it true that if it wasn’t charted, it wasn’t done?” it’s gotta be:

“Do I need malpractice insurance?”

 

Nurse malpractice insurance is an important, and surprisingly polarizing, subject in the nursing community. Some see it as a necessary evil for nurses, something that’s just part of being in the profession. Others avoid it : “You’re more likely to be named in a lawsuit!!”

So, why do nurses ask me these questions?

I’m a nurse. I also serve as an expert witness in birth injury malpractice cases. How the legal system works and impacts nurses is something I think about a lot. And it’s something many nurses come to me for information on.

So here is the lowdown, based on my experience and the available resources.

This comes with a caveat: this is an extremely challenging thing to research.

Most, if not all, of the available information online on this topic is either written by companies selling malpractice insurance or folks with financial ties to insurance companies. The same goes for nurse influencers on social media.

 

Do I need nursing malpractice insurance?

 

While everyone is looking for a black-or-white answer, there are plenty of misconceptions about nursing malpractice insurance, particularly when it comes to whether nurses need coverage, what it will actually get you, and when it comes into play.

You have to decide for yourself: What is your risk level, and will this bring you peace of mind in your career?

I will not be responsible for this decision.

Stop listening to any nurses who say you absolutely should or shouldn’t. Let’s take a look at liability insurance and how to decide if it’s right for you. 

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© 2026 Jen Atkisson RNC-OB, MSN, CNL
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