Teaching About Liability

SOCIAL WORKER liability is a relativelynew phenomenon. As recently as 15 years ago, there were almost no lawsuits, especially not successful ones, against social workers. Since then, however, there has been a steady increase in suits. From 1982 to 1985, the total more than doubled, from fewer than 1,000 to more than 2,000.1 Although practicing social workers in-creasingly are aware of the problem, they are not informed about the legal and prac-tice issues involved. This lack of informa-tion can be dangerous. As Sharwell wrote: What social work educators do not know about malpractice can hurt us. What is more, our ignorance of this nasty yet very real legalconcept also can cause in-jury to social work students, to social work practitioners, and to their cltents.? All levels of social work education-undergraduate, graduate, and continuing professionaleducation-have a responsibili-ty to teach about the nature and elements of liability. Schools of social work should lead in this effort. Few social work educa-tors teach about liability because, as non-lawyers, they feelunqualified to do so. This article seeks to dispel this misconception. One need not be a lawyer or have special training to teach about liability. Although involving a lawyer in class discussions about liability can be helpful, it is not necessary. The issues have more to do with common sense and sound social work prac-tice than they do with legal technicalities. Although liabilityis an important enough issue to justify specific courses on the sub-ject, this article describes how liability issues can be covered, to the benefit of the students, in almost any course, but par-ticularly in courses on social work ethics, professional methods and practices, child welfare, and social work policy. HOW BIG A PROBLEM? "It is all too easy to spin horror stories about the liabilities that the courts and legislatures have imposed upon social workers and other professionals, " states SharwelJ.3 At most, only 1 or 2 percent of all active social workers have ever been