With over a century of service for millions of clinicians in over 200 clinical professions, we’ve encountered nearly every possible claim imaginable at CM&F Group. What remains true across clinical specialties is the longer you’re in practice, the more likely you are to face a claim at some point in your career. In many cases, a malpractice claim doesn’t reflect your clinical expertise. Claims are simply a reality of practicing healthcare in the United States today.
Claims data consistently shows that risks don’t just come from dramatic mistakes. They’re often a result of working too fast, overlooking processes and a standard of care that hasn’t kept pace with your evolving industry.
William Sullivan, Executive Vice President of CM&F Group, looked back at real claims from the past year to offer clinicians advice for avoiding future claims. Together, these lessons offer a clear roadmap for reducing your exposure in 2026.
How Equipment Failures Lead to Malpractice and Injury Claims
If you’ve ever tried riding an overused Peloton in a hotel fitness room, you know how workout equipment tends to wear down. It’s not unusual for the bikes’ adjustable seats to collapse under weight. This isn’t typically dangerous, but if a similar problem on any equipment occurs at your physical therapy gym, it’s only a matter of time before someone falls and gets hurt.
In one CM&F Group client case from last year, a patient performing upper-body mobility work on a bench press in rehab fell when a latching mechanism failed, resulting in arm, wrist and head injuries. “These general slip-and-fall incidents remain among the most frequent claims in rehab and therapy environments,” says Sullivan.
Key takeaway: After daily use, adjustable equipment, like benches, tables, bikes and seats, degrade over time. When components fail, the claim often hinges on whether the equipment was reasonably inspected and maintained.
To do: Make time for daily visual checks. Maintain documentation and replace aging equipment before it fails.
Why Having a Chaperone During Intimate Care Reduces Legal Risk
Claims related to women’s health, physical therapy and other intimate exams continue to surface — not always because something inappropriate occurred, but because there’s no one to corroborate that it didn’t. The likelihood of these claims can be avoided if you consistently have someone else present during intimate appointments.
For example, in physical therapy, family practice and women’s health settings, allegations can arise when a patient feels uncomfortable or misunderstood during hands-on care. Without a second staff member present, you’re left with conflicting accounts and little protection.
Key takeaway: Have two people in the room for intimate exams or treatments. This can be a clinician, nurse or medical assistant. It reassures patients, provides a witness and creates additional documentation in case questions arise later.
How Basic Patient Safety Lapses Turn Into Costly Liability Claims
Not every claim stems from clinical error. Some stem from poor judgment, which insurers categorize as “moral hazard.” In one claim this past year, a patient had blood drawn while seated on an exam table rather than in a secure chair. When the provider briefly left the room, the patient fainted, fracturing a wrist and hitting their head.
Repeated judgment errors like this preventable safety lapse signal a higher-risk practice from an underwriting perspective. This can make securing professional liability insurance in the future more difficult and expensive.
Risk takeaway: Anticipate predictable reactions to your treatment (like fainting), and never leave vulnerable patients unattended. Operational judgment matters as much as clinical skill.
Rising Negligent Hiring and Supervision Claims in Healthcare Practices
As more physician associates, nurse practitioners and healthcare business owners expand into home care services like newborn care, ABA care, postpartum support and elder care, negligent hiring and supervision claims are growing.
Employees in these roles often work closely with families in high-stress environments. Claims can arise when staff aren’t adequately vetted, supervised or supported. This is particularly true when these companies grow and have to hire staff quickly. Missed or ignored concerns about staff behavior, emotional stability or treatment of dependents can increase your risk.
Key takeaway: Take the time to do thorough vetting, set clear role definitions and supervise staff, even when the business is mobile. If concerns arise, take prompt action, such as administrative leave and investigation when appropriate. Otherwise, you risk being liable for negligent retention.
Why Timely Documentation Is Critical in Defending Malpractice Claims
When incidents occur, delayed documentation is one of the most damaging mistakes practices make. Claims reviewers routinely see notes written days later, after memories have faded and narratives have shifted. That weakens your credibility and increases your exposure.
Risk takeaway: Document in real time or immediately after an incident, according to your state laws, licensure rules and internal processes. When applicable, involve your medical directors or supervisors early and retain all records.
Risk Management Steps Multi Disciplinary Practices Should Take Now
As practices grow more complex and nuclear verdicts (where the jury awards exceed $10 million) become more common, your risk management must keep up. Based on last year’s claims, these steps can make a difference:
- Inspect and document equipment checks regularly
- Bring second staff members to intimate care appointments
- Secure patients properly and never leave them unattended
- Vet, train and supervise staff
- Document incidents immediately and follow licensure and HR best practices
Finally, keep in mind that most claims aren’t a result of dramatic failures. They come from ordinary moments where systems, safeguards or judgment fall short.
Frequently Asked Questions
- What are the most common malpractice risks clinicians face?
The most common malpractice risks are not dramatic clinical errors, but everyday operational issues such as equipment failures, inadequate supervision, poor documentation, patient falls, and judgment lapses. Claims data shows these routine risks are a leading cause of professional liability claims across healthcare specialties. - Why is timely documentation so important in a malpractice claim?
Timely documentation is critical because delayed or incomplete notes weaken credibility and make claims harder to defend. Insurers frequently see increased exposure when documentation is written days after an incident instead of in real time or immediately following the event, in accordance with state and licensure requirements. - How can healthcare practices reduce malpractice and liability exposure?
Practices can reduce malpractice risk by regularly inspecting and maintaining equipment, having a second staff member present during intimate care, never leaving vulnerable patients unattended, thoroughly vetting and supervising staff, and documenting incidents promptly. Strong risk management systems are one of the most effective ways to prevent claims before they occur.
CM&F Group helps healthcare professionals across disciplines identify risks before they turn into claims. Our goal isn’t just to provide coverage. It’s building a safer, stronger, more sustainable practice.
