ABSTRACT
This chapter discusses some basic principles of malpractice and liability, and looks at liability issues that have accompanied the Acquired Immune Deficiency Syndrome (AIDS) epidemic. It focuses on some liability areas most relevant to social work practice. Malpractice lies within negligence and, broadly stated, covers all forms of professional misconduct. Professional service or conduct rendered in a negligent manner by a professional to a client is malpractice. In general, a successful malpractice action must satisfy each of four elements: a duty; a breach of that duty; harm or injury to a patient, client, or other who was owed the duty; and injury that resulted from or was caused by the breach of duty. While some states that permit disclosure of a client's or patient's Human Immunodeficiency Virus/AIDS status relieve the individual making the disclosure in good faith from civil or criminal liability, there may still be liability for other breeches of confidential information.
