Minimize Malpractice Risk: 8 Key Strategies for NPs

by | Oct 7, 2025 | Best practices | 0 comments

Let’s be real—no one wants to get sued.

As a nurse practitioner, the fear of liability can pop up when it comes to prescribing, documentation, or unexpected outcomes. But the good news is: you can take steps to minimize malpractice risk and practice with more peace of mind.

First, some reassuring data:
Nurse practitioners have one of the lowest malpractice rates. In fact, only 1.1% of malpractice claims list NPs as the primary defendant. That’s lower than physicians and PAs—and in line with nurses being one of the most trusted professions.

Even better? Malpractice claims are decreasing across all provider types, including NPs.

So now that we’ve taken a deep breath, here are 8 easy ways to reduce your risk even more.

1. Involve Patients in Decisions

Patients who feel included in their care are more satisfied—and much less likely to take legal action if something goes wrong. Make collaboration with your patient is part of your routine. You each have expertise – you with nursing and your patient with their experiences – together, you make a formidable team.

2. Read What Other Providers Wrote

Read documentation from other clinicians on your patient’s care team, especially notes from providers who cared for your patient prior to you. They may have caught symptoms or details that add depth to your assessment. Reviewing these records also helps clear up any inconsistencies in the chart.

3. Explain Your Thought Process

Use your “Impression” or “Medical Decision-Making” section of your notes to clearly explain why you chose one diagnosis or treatment over another. If you’re ruling out a differential, say why. This helps protect you and shows your clinical reasoning.

4. Know Your Scope of Practice

Make sure you’re staying within your legal scope as defined by your state’s Board of Nursing (BON). If you’re not sure what your scope allows, your BON website is the best place to start.

5. Refer When It’s Outside Your Lane

You don’t need to treat everything or know everything. If your patient needs specialty care, refer them. Knowing when to refer protects your license and gives your patient the best shot at getting the right care.

6. Build Strong Relationships

A strong rapport can go a long way. Patients who trust you are more likely to share important info—and less likely to feel adversarial if something doesn’t go as planned. This is especially important in mental health.

7. Talk About Risks—and Document It

Always discuss the risks, benefits, and alternatives of treatment with your patients. Just as importantly, document that you did. If it’s not in the chart, it didn’t happen.

8. Understand Your Malpractice Policy

Make sure you’re covered (many employers provide it), and keep a copy of your policy. Know what’s included and what kind of support you’d have during a claim. Policies renew every year, so track your coverage by date.

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Further Reading

Berries CTA