NCJ Number
100979
Journal
Children's Legal Rights Journal Volume: 6 Issue: 4 Dated: (Fall 1985) Pages: 6-17
Date Published
1985
Length
12 pages
Annotation
Social workers need a basic knowledge of the elements of negligence and malpractice because malpractice suits, especially those involving juveniles in child protection situations, are becoming increasingly common.
Abstract
Court decisions relating to possible legal liability or negligence of social workers rarely use the term malpractice. However, the concept of immunity from lawsuit or from liability has generally been abolished or severely restricted. Negligence suits contain four elements: duty, breach of duty, injury or damage, and proximate cause. Courts look to the standards of the profession in determining negligence. However, public officials are liable only for violations that involve clearly established law of which they should have been aware. Negligence cases relating to child abuse have involved the failure to report or to diagnose suspected child abuse and the failure to protect abused children from their parents. Negligence suits have also focused on due process relating to the removal of children from the home, foster home placements, and the duties of school social workers. The liability of board members of social service agencies means that they require training. Individual social workers can avoid lawsuits by keeping careful records and by consulting an attorney whenever a professional situation involves legal uncertainties. 109 footnotes.