There are many benefits of social networking, and it seems that almost everyone is on at least one social platform. But if you are a party in a medical malpractice case, the details from your online social media accounts can be used as evidence that could be harmful to the outcome of your case.
Defense attorneys will most likely research your social media accounts (i.e., Twitter, Facebook, Instagram, Snapchat, YouTube) so they can find statements that may be conflicting, fraudulent, or exaggerated. Even an undercover investigator for the medical malpractice case could send you a “friend” request or start following your social media or blog.
That individual may be able to find inconsistent information about your injuries, your ability to work, or the severity of your injuries. While you may not be lying about your injury details, your social media posts could suggest otherwise or conflict with the statements in the medical malpractice claim.
Don’t Post Details
You should only go over your case details with a medical malpractice attorney. Don’t post details on social media because the defendants may use posts and information from YouTube, Twitter, Instagram, Facebook, and other social media sites against you to refute your claims.
As an example, let’s say a defense lawyer found out you consume alcohol frequently or that you were already aggressive about your hospital situation prior to seeing the physician. You don’t have to, and you shouldn’t have to delete your social media accounts just to keep your medical malpractice case on track and safe. While you cannot change the past, you can control your social media account and use caution when you make posts going forward.
Be Careful Who You “Friend”
When you are a party to a medical malpractice case, you should not add new friends to your social network. This is especially true if you don’t personally know the people wanting to “friend” you. There are defense attorneys who will go undercover and “friend” plaintiffs to try to get information they can use as evidence in court.
Take a Careful Look at Who is Already Following You
You should take the time to ask yourself who you want to have access to your information. Ask yourself how well you know these people, and if they are people that you know and trust. You should always assume that the information you post is public and then post with caution. Limit your contacts list to friends and family that you can trust with details.
Don’t “Friend” Your Attorney
You don’t want your attorney to find information that could cause problems with trust in your relationship. You shouldn’t “friend” your attorney. Discuss any questions regarding your social media account in the office with your attorney rather than on social media.
Change Your Settings to Private
Remember that you can control who has access to your social media posts. Change your security settings to the most private option available on them. Be sure to limit access to your friends list, and don’t add any new friends throughout the claims process. You should always practice good judgment and consider how your medical malpractice claim could be influenced by a post, a photo, or a video on social media.
Consult with A Medical Malpractice Attorney
If you have questions about a medical malpractice claim, consult with a Los Angeles medical malpractice attorney at The Trial Law Offices of Bradley I. Kramer, M.D., Esq. Contact us today to schedule your free initial consultation today.