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Protecting Your Medical Malpractice Claim: What To Avoid Posting on Social Media

Protecting Your Medical Malpractice Claim: What To Avoid Posting on Social Media

Medical malpractice claims can be difficult, stressful, and time-consuming. Many times, the medical provider will have very thorough insurance coverage and an experienced defense. They will probably try to gather evidence in order to disprove your claim of medical negligence. 

In today’s digital era, this can make it easy for the other side to use what you do and post on social media against you. Here are some key guidelines for using social media to ensure you receive maximum compensation for your medical malpractice claim.

Set Privacy Measures

It’s important to know who your friends are online. Don’t add anyone that you don’t personally know. It’s also a good idea to go through your friends list on your social media accounts and remove anyone on there that you don’t know or fully trust.

What To Avoid Posting

Even when you set the highest privacy measures, the things you post online are not difficult for the other party’s defense to find. Even if you post something you believe innocent or irrelevant to your malpractice claim, the defense may try to spin it to contradict your testimony. In order to protect yourself and your claim, you should avoid posting:

  • Check-ins. This can show you are mobile and physically able to do day-to-day activities.
  • Photos of you doing activities. The defense may use this to show that you are not severely injured or that you are not taking your doctor’s expert medical advice to heal.
  • Anything involving your case. While it can be tempting to want to share your life with online friends, keep any information involving your case off of social media.  If you find yourself wondering whether you can talk about something that has anything to do with your case and/or issue -- don't.
  • Anything showcasing your injury. This may be used to disprove your claim in court that you are as seriously injured as you and your personal injury attorney claim.
  • Posts about polarizing subjects and politics.  Please remember that pool or jurors includes jurors with diverse backgrounds, some that may be members of a political party different than yours, who may have a different faith, and who may have a different background or belief system.  Please be respectful of others who have a different background.  Social media posts about subjects that are polarizing could significantly and negatively impact the outcome of your case, and may prejudice a juror against you before they consider the merits of your case.

Protecting Your Rights to Compensation

It can be frustrating that you have to change parts of your life while you’re going through a medical malpractice claim. However, it’s important to take the necessary steps to ensure you receive what you need to heal. Remember that our firm is here to help guide you through the claims process and offer effective advice to ensure you receive maximum compensation for your injuries.

Questions? Contact Berthold Law Firm at (304) 605-2040 to speak with an experienced medical malpractice attorney.

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