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This all new edition is based on Frederic G. Reamer's key reference for practitioners: Social Work Malpractice and Liability: Strategies for Prevention. Rooted in his own experiences as an expert witness in court and licensing board cases, the volume introduces the concepts of negligence, malpractice, and liability before turning to the subject of risk management. Drawing and reflecting on recent cases and research, Reamer details a variety of problems in the social work field relating to privacy and confidentiality, improper treatment and delivery of services, impaired practitioners, supervision, consultation and referral, fraud and deception, and termination of service. He also explores the unprecedented confidentiality challenges created by new digital technologies, such as online counseling, video counseling, and practitioners' use of social networks, and describes current issues relating to HIPAA compliance and access to electronic health records (EHR) and health information exchanges (HIE). Reamer concludes with practical suggestions for social workers named as defendants in lawsuits and respondents in licensing board complaints.
List of contents
ContentsPreface1. Professional Risk Management: An OverviewProfessional Malpractice and LiabilityKey Concepts in Risk ManagementThe Elements of Malpractice and LiabilityProcess Versus Outcome and the Standard of CareDamages in Liability Cases2. Confidentiality and Privileged CommunicationThe Concept of PrivacyCommon Confidentiality IssuesThe Concept of Privileged CommunicationResponding to Subpoenas and Court OrdersUnintentional Disclosure of Confidential Information3. The Delivery of ServicesClients' RightsInformed ConsentClinical Assessment and InterventionNegligent InterventionBoundary Issues and Dual RelationshipsManaging Boundary RisksUndue InfluenceSuicideInvoluntary Civil CommitmentProtective ServicesDefamation of CharacterDigital Technology and Social Media4. Impaired Social WorkersThe Nature of ImpairmentExtent of ImpairmentCauses of ImpairmentSexual Abuse of ClientsPractitioner Substance AbuseResponse to ImpairmentRisk Management StrategyThe Challenge for Social Work5. Supervision: Clients and StaffClient SupervisionStaff SupervisionSupervision Case LawSupervision of VolunteersLiability and Social Work EducationPreventing Supervisory Liability6. Consultation, Referral, Documentation, and RecordsConsultation in Social WorkReferral in Social WorkSocial Work Documentation and RecordsEvolution of Social Work StandardsRisk Management Standards and Guidelines7. Deception and FraudSelf-interested Deception and FraudDeception and Fraud Motivated by Altruism8. Termination of ServiceThe Concept of AbandonmentPremature TerminationPrevention Strategy9. Responding to Lawsuits and Ethics Complaints: The Role of PreventionIn the Event of a Lawsuit or Licensing Board ComplaintThe Role of the Expert WitnessPreventing Lawsuits and Licensing Board Complaints: Good PracticePreventing Lawsuits and Licensing Board Complaints: Good EthicsEthical Dilemmas and Decision MakingConducting an Ethics AuditAppendix: Sample FormsNotesReferencesLegal CitationsIndex
About the author
Frederic G. Reamer is professor at the School of Social Work, Rhode Island College. His many books include Social Work Values and Ethics; Boundary Issues and Dual Relationships in the Human Services; Teens in Crisis: How the Industry Serving Struggling Teens Helps and Hurts Our Kids (with Deborah H. Siegel); and Criminal Lessons: Case Studies and Commentary on Crime and Justice.
Summary
Introduces the concepts of negligence, malpractice, and liability before turning to the subject of risk management