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Volume 6, Issue 3 (1977)

Legal Issues in Nondiscriminatory Testing

pp. 35—42

This article addresses issues in litigation by first developing some overall background materials to establish a common reference point, and then by looking at some of the implications of these issues on professional practice. Perhaps the most important thing to understand is the current tone and values of this society as it looks at recourse to the courts to resolve problems between service providers and consumers. Everyone is aware of the growth of medical malpractice suits and the resultant increases in malpractice insurance that have occurred. It is probable that at least part of this problem is a result of the distancing that occurs between the physician and the patient; the lack of a relationship and the relative ease of initiating lawsuits. As in medicine, there is a growth of malpractice suits against attorneys. I have been speculating about the likelihood of malpractice suits against personnel in the education service system: administrators, teachers, psychologists, social workers and others.

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