Social workers often face vulnerable and unpredictable situations. Whether it’s in an office, a client’s home, or your home, client interactions always carry some level of professional risk. One of those risks is being sued. Clients may file, or threaten to file, lawsuits or licensing board complaints for any reason, even if they’re baseless or driven by frustration or anger. Once that happens, knowing how to respond is crucial.
What should I do once a client threatens to sue me?
The very first thing you should do is contact your professional liability insurance carrier. Experienced representatives will ask you to explain the situation and provide guidance on the most appropriate next steps.But keep in mind that a threat is not the same as an actual lawsuit or complaint. Until your state’s licensing board files paperwork against you or formally contacts you, there is no definitive complaint or legal action. The same would be true for a lawsuit – until you have a document in hand, there’s no lawsuit.
Should I continue communicating with the client or stop all contact immediately once they’ve threatened to sue?
If a client threatens to sue, it’s essential to remain respectful and professional. Acknowledge their right to take legal action and provide them with any necessary contact information for filing a complaint or lawsuit. Then it’s best to pause further communication with the client if they haven’t already ended contact themselves.
However, this isn’t the time to officially discharge the client. Cutting off contact completely could be considered abandonment and create additional liability concerns. In some cases, clients may calm down and want to talk about the situation. If that happens, use your best judgment to decide whether and how to re-engage, ensuring any further communication remains measured, documented and professional.
Common Mistakes
One of the most common ways social workers inadvertently strengthen a client’s case, or cause more legal complications, is by trying to fix the problem on their own.For instance, when a client files a complaint, your state licensing board may contact you by phone or e-mail to ask a few preliminary questions. A critical mistake at this stage is saying more than you should. Once you disclose information to the investigator, you can’t take any of it back and everything you say can impact your case.
Do not take any action without first consulting an attorney. An attorney will guide you step-by-step on what you should and shouldn’t say or do.
How Professional Liability Insurance Can Help?
Professional liability insurance provides coverage for attorney fees and claims. It may also cover court costs, settlements, or judgments associated with the claims, depending on the type of claim.Defending a claim on your own is overwhelming and incredibly expensive. Without insurance, just one hour with an attorney can cost anywhere between $500 to $700 or more. Considering that basic board complaints can require 10 to 20 hours of legal time, paying out of pocket can quickly turn into a costly ordeal that drains both time and money.
Takeaways
Professional liability insurance exists so that you don’t have to go through these challenges alone. If a client threatens to sue, don’t panic. Call your insurance carrier and speak with representatives who will help you navigate any threats, complaints or lawsuits with clarity and confidence.
To enroll in professional liability insurance, click here. For more information click here.
About the Author
Dina Larsen
Assistant Vice President/Sr. Risk Analyst/Admin Supervisor
GB Healthcare
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