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Why You Avoid Social Media During an Ongoing Medical Malpractice Case


In recent years, social media has been a part of our daily lives, from posting a Facebook status update and sharing personal photos and videos on Instagram to messaging loved ones and keeping up with current events. If you suffer a serious injury caused by medical malpractice, you may rely on social media to garner support and well wishes as you deal with the legal and recovery process. 

However, our legal team at Rash Mueller recommends that you should stay away from social media until your case is resolved. The truth is that the defense and/or the insurance company will look for ways to discredit your injury and either reduce or deny your claim entirely. A common tactic is using a plaintiff’s online activity against them. 

For instance, if you share pictures of engaging in strenuous activity—such as hiking, cycling, or surfing—while claiming to be injured, the defense or insurer can use these photos as evidence to show the court you are not as hurt as you insist to be. Another example is posting a status update that exclaims how inebriated you were after mixing pills with alcohol while you were out in the town, which could be a sign of going against the doctor’s orders and voluntarily hindering your recovery. 

The following are several social media tips to reduce the likelihood of inadvertently jeopardizing your own medical malpractice claim: 

  • Stay offline altogether – Since the defense and/or insurer will try to find any reason to doubt your credibility, do not even log into your social media accounts. Even if you have the strictest privacy settings, a judge may ask you to produce all your social media posts—regardless of customized settings—if your case goes to litigation. 

  • Do not vent online – Social media is often used to voice our frustrations on a wide range of subjects. However, venting about the medical care you received and the actions of the healthcare provider does more harm than good. Filing a formal complaint involves going through the appropriate channels, rather than expressing yourself on social media. 

  • Do not accept new friend requests – Many people accept all incoming friend requests for networking purposes or to increase their followers. Unless you recognize the person, do not accept any new friends because one or a few of these requests may be from the defense or the insurer. Once you hit the accept button, such parties will instantly have access to all your personal information. 

  • Ask your family and friends to stop tagging you – While you could jeopardize your case by your own actions, your loved ones can also do damage without realizing it by tagging you in their own posts. The defense and/or insurer may access the profiles of your closest friends and family, especially if they have more lenient privacy settings compared to your accounts. 

If you have been injured by a negligent medical professional in Weston, FL, contact us today at (954) 914-7116 to schedule a free consultation. Hundreds of millions of dollars won on behalf of our clients! 

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