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Professional Liability Issues for Librarians and Information Professionals
American Library Association, 2008 Paper: 978-1-55570-609-8 Library of Congress Classification KF4316.H43 2008 Dewey Decimal Classification 344.73092
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See other books on: American Library Association | Information Professionals | Librarians | Library legislation | Malpractice See other titles from American Library Association |
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This title is no longer available from this publisher at this time. To let the publisher know you are interested in the title, please email bv-help@uchicago.edu.
Professional Liability Issues for Librarians and Information Professionals
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by American Library Association
American Library Association, 2008
Paper: 978-1-55570-609-8
Paper: 978-1-55570-609-8
TABLE OF CONTENTS
Contents Series Editor?s Foreword Tomas A. Lipinski Preface Acknowledgments PART I. LIABILITY AND INFORMATION WORK Chapter One. Introduction: Liability as an Issue in the Information Professions 1. Essential Background Explanations 1.1 Why This Book? 1.2 Playing with Legal Theory 1.3 Law Is Dependent on Time and Place 1.4 Statutes, Regulations, and Ordinances 1.5 Case Law and Common Law 1.6 A Note on Terminology 2. What Is Liability? 3. What Is Professional Liability? 4. The Effect of Liability Issues on Being an Information Professional 5. The Story So Far: The Present State of Liability for Information Professionals 5.1 Searching for Cases 5.2 The Literature 6. The Information Professions 6.1 Who We Are 6.2 Information Professionals and Their Work 7. Important Points about This Book 8. How to Use This Book Endnotes Chapter Two. Understanding Liability In This Chapter 1. What Is Law? 1.1 Liability vs. Guilt and Civil vs. Criminal 1.2 The Role of Federal and State Law 2. Liability to Society 2.1 Criminal, Civil, Regulatory Liability 3. Liability to Others 3.1 Contract: Undertaken Duties 3.2 Tort: Relational or Imposed Duties 4. Pursuit of Remedies for Liability 4.1 Pursuit of Remedies by the Victim 4.2 Pursuit of Remedies by the State 4.3 Pursuit of Remedies by Employers and Institutions 5. Institutional Liability 5.1 Claims Against the Institution but Not the Professional 5.2 Claims Against Both the Institution and the Professional 6. Tort Immunity 6.1 Governmental Immunity 6.2 Statutory Immunity Questions and Answers Important Points to Remember Endnotes Chapter Three. Torts, Contracts, and Other Legal Issues In This Chapter 1. Torts 1.1 Intentional Misconduct 1.2 Strict Liability 2. Negligence 2.1 Negligence Elements 2.2 Duty of Care 2.3 Proximate Cause 2.4 Harm 2.5 Malpractice 2.6 Negligent Misrepresentation 3. Materials Torts: Defamation 4. Tort Liability for Commercial Publishers 5. Defenses to Tort Claims 5.1 Contributory Negligence 5.2 Assumption of Risk 5.3 Other Responses to a Tort Claim 6. The Rights of Privacy and Publicity 6.1 Right of Privacy 6.2 Right of Publicity 7. Contracts 7.1 What Is a Contract? 7.2 Key Contract Concepts 8. Other Legal Issues 8.1 Confidentiality 8.2 Fees Points to Remember Endnotes Chapter Four. Information Professionals and Liability In This Chapter 1. Standards and Duties of Care for the Information Professions. 1.1 What Standards of Care Arise from the Activities of the Information Professions? 1.2 Is There a Duty of Care for the Information Professions? 1.3 The Sain Case 2. The Importance of ?Profession? in Liability Issues 2.1 What Is a Profession? 2.2 The Legal View of Professions 2.3 Examining the Characteristics of a Profession 2.4 Do the Information Professions Fit the Definition of ?Profession?? 3. A Possible Solution: The Concepts of Fiduciary and Consultant 3.1 What Is a Fiduciary? 3.2 What Is a Consultant? 3.3 Are Information Professionals Fiduciaries or Consultants? 4. Employment Status and Personal Liability 4.1 Employee Liability 4.2 Self-employment and Liability 5. User Status and Liability 5.1 Employees 5.2 Students 5.3 Members of the Public 5.4 Customers 6. Questions and Answers 7. Important Points Endnotes Chapter Five. Potential Sources of Liability Claims for Information Professionals In This Chapter 1. Harm in the Information Professions 1.1 When Is Information ?Wrong?? 1.2 When Is There ?Error?? 1.3 The Anatomy of ?Error? in Practice 2. Forms of Error 2.1 Resource Errors 2.2 Service Errors 2.3 User Errors 3. Points to Remember Endnotes PART II. LIABILITY ISSUES FOR SPECIFIC SEGMENTS OF THE LIS PROFESSIONS Chapter Six. Specific Professional Liability Issues for Librarians In This Chapter 1. Case Study: The Building Project 1.1 Issue: Governmental Immunity 1.2 Issue: Statutory Immunity 1.3 Issue: Employment Status 1.4 Issue: User Status 1.5 Issue: Malpractice and Duty of Care 1.6 Issue: Defenses 2. Case Study: The Perils of Poisonous Mushrooms 2.1 Issue: User Status 2.2 Issue: Failure to Act on Publisher?s Warning 2.3 Issue: Expertise and Guarantee 3. Case Study: Evading Evolution 3.1 Issues for School Librarians 4. Case Study: Due Diligence 4.1 Issues 5. Avoiding and Minimizing Liability 5.1Consulting vs. Fiduciary 5.2 Guarantees 5.3 Promoting Expertise 5.4 Reasonable Reliance 5.5 Collections Decisions and Accuracy of Materials Endnotes Chapter Seven. Liability Issues for Law and Medical Librarians In This Chapter 1. Case Study: Legal Reference Questions in the Library 2. Law and Medical Reference Questions: Who Is Asking, and Why? 2.1 Benign Users and Uses of Legal and Medical Materials 2.2 Services to Licensed Professionals 2.3 Who Is Asking Legal Questions? 2.4 Pro Se: A Special Category of Law Library Users 3. Forms of Liability Arising from Assisting Lay Users 3.1 Unauthorized Practice of a Profession 3.2 Subject Expertise and Liability for Librarians 4. Liability Issues for Medical and Health librarianship 5. Practice Suggestions for Law and Medical Librarianship 5.1 Basic Concepts to Guide Your Approach to Medical and Legal Questions 5.2 Tips and Tools for Serving Library Users with Legal or Medical Information Needs Endnotes Chapter Eight. Specific Professional Liability Issues for Information Brokers In This Chapter 1. Case Study: Setting Up Shop 2. Legal Issues Overview 2.1 Reasonable Reliance and Duty of Care 2.2 Contract Issues 2.3 Self-employment 2.4 Negligent Misrepresentation 3. Minimizing Liability 3.1 Reasonable Reliance and Duty of Care 3.2 Contracts and Agreements 4. Other Approaches to Limiting Liability 4.1 Expertise and Collaboration 4.2 Communication 4.3 Records 4.4 Ethical Behavior 5. Conclusions Endnotes Chapter Nine. Specific Professional Liability Issues for Archivists and Curators In This Chapter 1. Overview of Legal Issues 2. Case Study: Looking a Gift Horse in the Mouth 3. Possibilities for Professional Liability 3.1 Employment Status and Potential Liability 4. Potential Areas of Liability 4.1 Acquisitions 4.2 Loans 4.3 Deaccessions 5. Potential Liability for Violating the Rights of Others 5.1 Right of Privacy 5.2. Right of Publicity 6. Analysis of Potential Professional Liability Endnotes PART III. AVOIDING LIABILITY CLAIMS: PROACTIVE APPROACHES AND TOOLS Chapter Ten. Proactive Approaches to Liability Issues In This Chapter 1. The Hidden Costs of Liability Fears 2. Controlling Liability: General Ideas 2.1 Avoiding a Duty of Care 2.2 Avoiding Reasonable Reliance 2.3 Promoting Competence 2.4 Controlling Resource Errors 2.5 Avoiding Service Errors 3. Suggestions 3.1 Librarians 3.2 Law and Medicine 3.3 Information Brokers 3.4 Archivists and Curators 4. Conclusions Chapter Eleven. Training Suggestions In This Chapter 1. Librarians 2. Law and Medicine 3. Information Brokers 4. Archivists and Curators Chapter Twelve. Policy Suggestions In This Chapter 1. Librarians 2. Law and Medicine 3. Information Brokers 4. Archivists and Curators Chapter Thirteen. Liability Audits In This Chapter 1. Librarians 2. Law and Medicine 3. Information Brokers 4. Archivists and Curators Glossary Index About the Author
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