Sec. 11. A victim advocate may not waive the protections afforded to a victim under this chapter. However, if:
(1) a victim brings suit against a victim advocate or victim service provider in which the victim advocate was employed or served as a volunteer at the time of the counseling relationship; and
(2) the suit alleges malpractice during the relationship;
the victim advocate may testify or produce records regarding confidential communications with the victim and is not liable for doing so.