When a healthcare provider faces a medical malpractice lawsuit, there is a lot at stake both professionally and financially. As such, his or her attorney will investigate all possible ways to discredit the plaintiff's claim. These include scouring the plaintiff's social media profiles for evidence that contradicts the patient's claims regarding alleged damages.
Although malpractice victims may think they are only sharing photographs and insights with their online friends, there are ways for a defendant's attorney to access these profiles to look for evidence to fight a claim.
If you were a victim of medical malpractice, contact The Bowling Law Firm. David A. Bowling is a medical malpractice lawyer in Jackson who can help you avoid costly mistakes such as missing important deadlines or posting sensitive information about your case on social media. Call 877-757-3539 to schedule a consultation.
Read on to learn a few tips for using social media when pursuing a malpractice claim:
1. Update Your Privacy Settings
On most social media sites, the default privacy settings allow all users to see your profile. If you are planning to file a medical malpractice claim, check these settings and update them if necessary to ensure that only your friends or approved followers will be able to see what you post.
2. Do Not Post Details about the Case or How the Injuries Are Affecting You
It may be tempting to post photos of your injuries or write about your latest doctor's appointment, especially if many of your friends or followers are loved ones and they want to know how you are doing; however, these posts could harm your claim. It is best to stay off social media sites while your claim is pending.
Clinician Reviews reminds malpractice defendants who post on social media that they have a duty to preserve evidence, and this duty applies to plaintiffs, as well. The court could interpret deleting or editing a post as tampering with relevant evidence, which could harm your case.
3. Remind Your Family and Friends of Your Pending Claim
Make sure your friends and family know of your pending claim, and remind them not to post anything about your injuries or how they are affecting your lifestyle. The defendant's lawyer could potentially use anything they post about you to weaken your case.
For example, if your damages include reduced mobility but your friends post a group photo of you on a boat, the opposing counsel may argue that your injuries are not as severe as you claim. Since there are likely no photos of your friends carrying you on and off the boat, this could severely hurt your case.
If you or a family member was a victim of medical malpractice, contact The Bowling Law Firm. Call 877-757-3539 to schedule a consultation with a medical malpractice attorney in Jackson. You can learn more about malpractice claims in Mississippi by visiting the USAttorneys website.