Clinical Practice SWES Practice Exam

If a clinical social worker is sued for malpractice, what can they do regarding confidentiality?

1. The obligation to maintain confidentiality is waived

2. The social worker must still maintain silence

3. Confidentiality rules do not apply in court

4. The social worker can discuss the case with anyone

The correct answer is: The obligation to maintain confidentiality is waived

In the context of a clinical social worker being sued for malpractice, confidentiality obligations can indeed shift due to the legal circumstances. When a social worker faces a malpractice suit, the obligation to maintain confidentiality may not be entirely waived; however, it can be altered depending on the need to defend oneself effectively in court. In this scenario, the social worker is entitled to share information relevant to the case as part of their defense. This includes discussing the details necessary to respond to the allegations of malpractice. While a social worker typically has a strong ethical and legal duty to protect client information, this duty can be overridden if the information is directly pertinent to the lawsuit. Consequently, they may disclose certain details about their client's case to their attorney or in court to ensure a fair defense. This understanding allows the social worker to maintain their professional integrity while also navigating the legal challenges they are facing. It is essential for social workers to be familiar with the nuances of confidentiality, especially in situations where legal issues arise.