The human Services Professionals in Malpractice Lawsuits

First, a client-practitioner relationship essential have existed at the time of the alleged malpractice. Second, the practitioner essential have been negligent through either an act of representation or omission. Third, the client suffered some hurt or injury. Fourth, the harm or injury occurred as a result of the practitioner's c arelessness of duty (Corey et al., 1993; Reamer, 1995; Loewenberg & Dolgoff, 1996). In addition, liability in cases involving suicidal patients pick up two additional elements: foreseeability and reasonable care: "Most all-important(a) is foreseeability, which involves assessing the level of risk" (Corey, Corey, & Callanan, 1993, p. 130). Generally, the professional who takes due care and acts in good faith should not feel overly bear on about the nemesis of malpractice claims.

The liability consequence for human run for professionals in terms of civil rights casefuls has yet to be resolved. The issue has not been considered by the U.S. Supreme address. However, the Ninth Circuit Court of Appeals and the Sixth Circuit Court of Appeals have ruled on immunity and its implications for societal workers. Two conflicting opinions have resulted regarding whether neighborly workers should be granted absolute immunity or sufficient immunity in their investigative functions, with the Ninth Circuit favoring the former and the Sixth Circuit favoring the latter. Absolute immunity affords complete protection from t

Reamer, F. (1990). Ethical dilemmas in affable service, 2nd Edition. New York: Columbia University Press.

Sometimes human run professionals are faced with the dilemma of abiding by laws that are unjust. Although such professionals have an obligation to obey the law, special mickle may merit disobedience.

For example, at one time, social workers had to participate in government mandated programs of involuntary sterilization for mental patients. Those social workers who recognized the injustice of such programs disobeyed the law because it violate their horse sense of professional ethics. This points out the need for social workers to become governmental activists and work toward changing laws that undermine the public interest.

he threat of civil lawsuits. For example, if a lawsuit for damages is filed, it is generally summarily dismissed on a motion. Qualified immunity, on the otherwise hand, requires a decision by a judge as to whether the defendant adhered to his or her professional duties and did not know or reasonably should have known that his or her actions could have violated the plaintiff's civil rights. If the judge is satisfied that the defendant meets any of these conditions, the lawsuit does not proceed (Alexander, 1995, pp. 649, 653).

Lee, J. (1994). The empowerment approach to social work practice. New York: Columbia University Press.

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