Key Takeaways:
- Inappropriate behavior, breach of confidentiality, and misconduct are common malpractice allegations against social workers, demonstrated by HPSO social worker insured claims scenario insights.*
- Incident reporting, maintaining appropriate client boundaries, and seeking support for caseload management can help decrease malpractice risks.
- Social workers should consider their own professional liability insurance, which typically includes Licensure Defense and 24/7 coverage, as employer-provided plans may only provide partial coverage.
Social workers often interface with vulnerable individuals and communities to help clients access essential resources and manage complex life issues, such as mental health conditions, family disputes, and substance abuse. By staying on top of risk prevention strategies, social workers can help avoid issues with clients that could result in a malpractice allegation.
HPSO catches up with our Vice President of Risk Management, Jennifer Flynn, CPHRM, to discuss the malpractice landscape for social workers and social work organizations and identify key risk control recommendations to help manage risk. We also share insights from HPSO and CNA-insured social worker closed claims occurring from 2017 to 2024.*
Four common social worker allegations
Common allegations asserted against social workers include:*
- Inappropriate behavior of the clinician
- Breach of confidentiality
- Misconduct
- Improper performance of treatment or procedure
Other allegations associated with social workers include failure to report abuse or neglect as a mandated reporter, improperly terminating a client, and improper documentation.
What is the average cost of a social worker malpractice claim?
Social worker malpractice claims can be incredibly costly:
- $121,015: average social worker malpractice claim cost.*
- $5,881: average social worker license protection cost.*
Professional liability claims vs. licensing complaints: what’s the difference?
Both types of allegations pose a serious risk to your livelihood as a social worker, but whether a specific professional liability insurance policy offers coverages to address them may vary. Recognizing the distinction between the two – and having coverage that prioritizes your needs – can make all the difference.
Professional liability (malpractice) claims:
- Civil lawsuits arising from allegations related to your clinical practice. These allegations describe an error related to the performance of professional services resulting in damages or harm to the patient or client.
- Sanctions include financial settlements to fairly compensate patients or clients who assert they have suffered injury or damage as the result of professional negligence.
- Professional liability insurance is designed to safeguard social workers by paying for expenses associated with covered incidents, such as settlement costs and attorney fees.
- While your employer may offer professional liability insurance, their position may take priority over yours in the event of a lawsuit.
Licensing complaint investigations:
- Inquiries conducted by state licensing boards or regulatory agencies. Anyone can file a licensing complaint against a social worker alleging unsafe practice. It is not limited to your client or their family member; in fact, it can be your employer.
- These allegations may be clinical or nonclinical in nature, such as physical abuse, unprofessional conduct, or fraud.
- Following an investigation, the state board can issue various sanctions, such as suspension or revocation of your license. Depending on the disciplinary action, this can impede your ability to practice and make a living in this profession.
- Licensure Defense coverage comes into play if a complaint is submitted against you to an applicable licensing agency. You could face the challenge of defending your practice and license. A HPSO policy includes Licensure Defense Expenses and will reimburse you up to $25,000 in aggregate for your legal representation arising out of a covered license protection incident.
- Many employer-provided professional liability insurance policies do not offer Licensure Defense coverage, emphasizing the importance of securing your own policy
“Based on insights gleaned from HPSO social worker insured claims, we are seeing social workers more often involved in licensing board matters than professional liability claims,” notes Flynn. “That speaks volumes about knowing what’s covered in your professional liability policy to provide adequate protection.”*
The bottom line: relying solely on your employer-provided liability insurance may not prioritize your bests interests or may leave gaps in coverage. Additionally, your employer’s policy may only cover you at work while individual coverage safeguards you 24/7, on and off the job. Invest in yourself with coverage that puts
you first.
How can social workers help mitigate malpractice risks?
“A malpractice allegation or licensing complaint can prove devastating to your livelihood and professional reputation,” notes Flynn. “Following best practices not only helps mitigate your risks, but shows you are a good steward of the profession.”
By outlining prominent liability areas for social workers, we can identify effective risk prevention strategies. Read our next article for key risk prevention strategies for social workers to consider.
Read
Part 2 or
get a quote for professional liability insurance (including licensure defense coverage).
*Insights sourced from HPSO and CNA-insured social worker closed claims occurring from 2017 to 2024.