Fogarty has missed the past two games because of a knee problem but looms as an inclusion for Thursday night's clash against unbeaten Carlton.
Fellow forwards Shane McAdam and Luke Pedlar are both available after serving suspensions while midfielder Sam Berry is on the selection table after being rested last weekend.
"It's a hard one as coach to select a side and then you have to go to a player who is in good form and tell them that they're not playing," Nicks told reporters on Tuesday.
"But I would rather have that problem than the other one.
"There's some players that are in good form that, if we do decide to go down that path, will be extremely stiff (to miss out)."
The Crows, winners of their past two games after consecutive losses to open the season, are being widely lauded as a team on the rise.
But Nicks, who hasn't reached the finals in his three completed seasons, was wary of taking too much notice of "outside noise".
"They're confident at the moment," he said of his players.
"But we understand that form is fickle and we know things can change quickly.
"We have been going through some really tough times in the last two or three years but throughout that ... we have shown development right the way through.
"We're definitely developing as a group ... the development part of what we're doing is progressing really well.
"Sometimes you don't see it from a win-loss point of view but we can see it from inside the four walls.
"Our group are confident that we're improving - we have got players at the moment that are in the best form of their careers and they're in the SANFL, that is a really good sign for us."
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