Are You Headed to Court?
Social workers receive a subpoena many times during their career. Sometimes many in one year. Legal defense and advisory costs for one subpoena usually cost the social worker up to $5,000, and may not be covered by the professional liability insurance policy, so the money to pay for legal advisory and defense comes out of the social worker’s wallet.
Thinking About Retiring?
If you are thinking about closing your practice, there are many questions that need to be addressed. How should you inform your clients, both past, and present? What legal and ethical obligations do you have when closing your practice? Where do you start? This topic is broader than these tips will cover, but this will help you get started.
Keep Your Coverage Continuously
If you are an NASW member with professional liability insurance that you obtained as an NASW member,whether recently or years ago, this is critical information that affects you.
Report Early, Report Often
As many social workers understand from experience, it is common to be subpoenaed to provide evidence or testimony related to client records, or to receive complaints against your social work license that must be addressed with your State Licensing Board.
Seeking Legal Assistance
Licensing board complaints and malpractice lawsuits can be stressful and financially devastating without the proper financial safety net, legal advice, and representation to support and guide you.
What to Expect in the Courtroom
As many know, it is common for social workers to be asked to testify on behalf of clients related to divorce trials, custody hearings, child placements, and other matters. Social workers also sometimes find themselves in the unfortunate and usually unexpected position of having to testify on their own behalf in court, to defend against a malpractice lawsuit or a complaint against their license.
Being a Witness
Every day, social workers are called on to testify on behalf of clients related to divorce trials, custody hearings, child placements, and other matters. Whether it’s your first or hundredth time, it’s never easy and being called to provide sworn testimony can be extremely intimidating, even for the most experienced witnesses.
Client Records and Natural Disasters
Our hearts go out to our members, their loved ones and communities still reeling from tragic loss due to recent natural disasters. Beyond the devastation and disruption these events bring to our lives, there can be serious repercussions for client record retention, privacy and risk management.
Responding to a Subpoena
If the subpoena is issued by someone other than a Court, notify the person who is subject to the information requested to obtain consent to release the information or to give the person the opportunity to object to the disclosure.
New HIPAA Rule
The Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) has moved forward to strengthen the privacy and security protections for health information established under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).
Client Relationships
Taking the necessary steps to manage your malpractice risk is extremely important. Social Work is a rewarding career that demands personal commitment. But helping others can put you at risk of being sued by someone dissatisfied with an outcome.