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.
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.
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.
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.
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.
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.
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).
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.