Social Work Examination Services (SWES) Human Behavior Practice Test

If a clinical social worker is sued for malpractice, what happens to the obligation of confidentiality?

1. It remains intact regardless of circumstances

2. It is fully waived when a lawsuit is filed

3. It can be broken only with consent

4. It is limited to factual defense information

The correct answer is: It is fully waived when a lawsuit is filed

In the case of a clinical social worker being sued for malpractice, the obligation of confidentiality can be affected by the nature of the lawsuit and the legal proceedings involved. When legal action is initiated, confidentiality can be considered waived to a certain extent because the social worker may need to disclose certain information in order to defend themselves effectively against the claims made in the lawsuit. This is due to the need for the court to access relevant information that might demonstrate the clinician's adherence to ethical and professional standards during the treatment of the client. However, it's important to note that while some aspects of confidentiality may be waived for the purpose of the lawsuit, this does not mean that all confidential information may be disclosed. The specific information that can be shared is usually limited to what is necessary for the defense and must be handled with care to respect the client's rights and privacy as much as possible. In summary, the obligation of confidentiality is fundamentally altered when malpractice litigation occurs, as the social worker must navigate the legal requirements while still considering the ethical implications of any disclosures they make. This highlights the complex balance between protecting client confidentiality and fulfilling legal responsibilities.