Can Posting on Social Media Affect My Medical Malpractice Claim?

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If you have been injured due to a medical professional’s negligence, the best next step you need to take to receive compensation for the physical, emotional, and financial burdens you have likely endured is to file a medical malpractice claim. However, posting on social media may be detrimental to your case. Learn why this is a common mistake and how an experienced New York City medical malpractice attorney at Mark L. Bodner, P.C., can help you avoid it.

Why should I avoid social media during my medical malpractice case?

As for all cases, certain topics about your medical malpractice injury should remain confidential between you and your attorney. So consequently, posting the details of your accident gives the defense attorney and the other party access to important information that can affect your claim in a negative way. Additionally, the physician in question’s insurance company will constantly monitor your social media accounts to use anything you post to potentially contradict your claim.

Your social media presence can be easily misconstrued or misrepresented against you. For example, if you reassure your friends and family that you are doing well in your post, you admit to the defense attorney that you are emotionally unaffected by the injury. And if you post a photo or video that insinuates that you are physically unaffected, a defense attorney or the insurance company may use that to try to prove that you are exaggerating your injury.

The following are some tips to help avoid social media mistakes during your medical malpractice case:

  • Set your accounts to private.
  • Avoid posting anything.
  • Avoid accepting new followers.
  • Ask your friends and family not to post about you.

How else can I improve my medical malpractice case?

To set yourself up for a successful medical malpractice case, you must satisfy the burden of proof. That is, you should obtain medical documentation from another medical professional to illustrate your medical condition and how your previous doctor worsened the condition. This will prove that there was a breach in care that directly harmed you and costed you to suffer financial damages.

Importantly, you must file your claim within the statute of limitations, which in New York is two years and six months from the date of the incident of negligence.

If you are ready to get started on your claim, contact a skilled New York City medical malpractice attorney today.


At Mark L. Bodner, P.C., we are committed to guiding clients through each step of the medical malpractice and personal injury claims process. Our firm understands how traumatic it can be when you become a victim of negligence. We are prepared to fight on your behalf to help you recover a maximum compensation award.聽Contact our firm today.