By now, you must know that everything you post on your social media accounts can be publicly accessed. Further, you must understand that any public or private information on your social media accounts may be admissible in your medical malpractice claim proceedings. This is why you must be abundantly careful with how you use your social media during this time. Read on to discover tips for social media usage during your lawsuit and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C. can offer additional guidance.
How might social media usage hurt my chances of a successful lawsuit?
Even if it is not intentional, your social media platforms may portray you as healthier than you actually are. In short, this may ultimately hurt your chances of a successful medical malpractice lawsuit.
As an example, say that you are filing a claim against a negligent surgeon whom you claim to have conducted an improper hip replacement surgery. Well, this means that you should not post any photos of yourself standing without crutches, a walker, or any other type of handicap-assistive device. Similarly, you should not post any videos of yourself weightlifting at a gym, dancing at a bar with friends, or otherwise participating in any high-impact physical activity. This is because the surgeon and their defense team may present these posts in your claim proceedings and argue that you have illegitimate grounds for your lawsuit.
At the very least, they may fight to minimize the amount of financial compensation that you are attempting to recover. That is, the defense may argue that you are exaggerating your injuries and damages and therefore do not need as much recovery as you are claiming.
What are the best practices for social media usage during a medical malpractice claim?
Generally speaking, it is in your best interest to stay off of social media at all costs throughout your medical malpractice claim proceedings. But understandably so, you may have to continue using it for work, to stay in touch with your loved ones, or for another important reason. In cases such as these, you must consider the following best practices for social media usage:
- Do not leave your social media accounts in public mode. Ask your loved ones to do the same.
- Do not accept any new followers. This is even if you personally know who the individuals are.
- Do not communicate with anyone using the private messaging feature on your social media accounts. Ask your loved ones to do the same.
- Do not post any updates of your ongoing claim proceedings on your social media accounts. Ask your loved ones to do the same.
- Do not post anything on your social media accounts that expresses that you are “doing okay.” This is even if you are simply trying to keep your loved ones at ease.
For your medical malpractice claim, please consider contacting a competent New York City medical malpractice attorney. Our team at Mark L. Bodner, P.C. is ready and willing to assist you.