subject: PI Insurance: Helping Social Workers Steer Clear of Litigation [print this page] PI Insurance: Helping Social Workers Steer Clear of Litigation
Healthcare professionals, such as social workers, are notoriously prone to finding themselves in court on charges of negligence and the like either real or falsified. One case involved a social worker taken to court over whether a duty of care was owed to parents who had wrongly been accused of child abuse. It was held that health professionals' only duty of care in regard to those suspected of child abuse was to act in good faith.
The cost of mounting a defence for a professional liability claim can be extremely high. As a professional social worker, a person will be seen as an expert in their field and is open to action if a mistake is made in delivering advice.
Professional indemnity insurance protects professional from claims resulting from professional advice or services. Policies should include support and advice, and cover reasonable costs incurred in the defence or settlement of a claim for professional indemnity, public liability, cases of libel and slander, and inappropriate release of confidential information.
Social workers should ensure that they have cover both at the time of an event and when the claim is made. This is because it will not be possible to receive a legal claim from a client regarding an event which happened a year ago, and then take out a professional indemnity insurance policy and successfully get cover from it for this past event.
It will also not be possible to get protection on any legal claim made after the policy is taken out as a result of an event which occurred before the life of the policy began. However, some providers will supply retroactive cover which will protect against subsequent claims relating to events before the start of a policy.
Legal action from a client is a disruptive and distressing event and can be financially disastrous for an individual. Professional indemnity insurance can give social workers the peace of mind that is so vital to them being able to carry out their job properly.
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