Virtually everyone today has at least one social media account, and if they don’t, then their spouse or child has one. Posting updates on your life is as natural as breathing for some people. Nonetheless, what you post on social media can come back to haunt you when it comes to a medical malpractice claim. Insurance companies are often looking for reasons to deny claims, and they are not above stalking your Instagram or Facebook profile to find something to use against you in negotiations.
The Atlanta medical malpractice lawyers at Chance, Forlines, Carter & King, PC provide comprehensive, detailed advice to patients struggling with the result of medical errors. We want our clients to have the strongest case possible, so we recommend you think about the following when it comes to social media.
Your Posts Are Evidence
In medical malpractice cases, any statement made by either side is evidence which can be used. Social media content you create could come in regarding:
- Whether you are following your medical team’s treatment plan. Did your doctor recommend bed rest? Then posting photos of yourself skiing in Colorado is evidence you are not following the plan.
- Whether you have aggravated your injury. Doctors often recommend rest so that patients do not make an injury worse. Pictures of you on the ski slops or a motorcycle could show you are going too hard and making minor injuries more serious.
- How the injury has affected you. You might claim that you cannot leave the house due to pain and disability. Nonetheless there are posts of you attending a cousin’s wedding the past weekend. An insurance adjuster might claim this photo shows you were not truly hurt.
Ideally, you should not post anything after a medical injury. If you want to keep people updated on your condition, then pick up the phone. Sometimes the oldest technology is the best.
You Should Set Profiles to Private
Going private is a good first step. Many insurance companies are combing through profiles to find evidence. You shouldn’t make it easy for them.
Of course, setting it to private is only half the battle. Also stop posting, at least until your case is finished. Some insurance companies around the country have had success getting judges to grant them access to social media profiles. So posting nothing is the best practice.
Watch for Tags in Photos
Although you might set your profile private, someone else in your family could still be posting. They might have tagged you in photos, which the other side might find and try to use in court. Always think about who else in your life has a social media profile which could have evidence. Ask them not to post about you.
Avoid Deleting Posts
What happens if you wrote or posted something you regret? First, don’t delete it. Nothing really disappears on the internet, and the insurance company might still track it down. Second, any destruction of evidence could have negative consequences, with a judge possibly accusing you of covering up evidence.
Instead of deleting, tell your attorney about any social media accounts. Your malpractice lawyer can go through and determine if the posts are really damaging to your case. Often, an experienced lawyer can explain away something that at first blush looks negative to your case. For example, that post showing you at your cousin’s wedding? Maybe you were filled with painkillers just to get through the night. A photo doesn’t tell the whole story, and we can explain the missing context.
Do Not Hide Your Social Media Account from Your Lawyer
Your legal team needs to know about all the accounts that you have. It is also helpful to identify any accounts controlled by other members of your family. Our goal is not to pry on your loved ones, but we need to acknowledge that the insurance company could have adjusters scrolling through your daughter’s TikTok, looking for videos of you.
As experienced malpractice attorneys, we can often put a post in context and show how it does not undermine your claim to being injured. But we need to know about the posts first.
Worried About Social Media and Your Malpractice Claim? Call Us Today!
Medical malpractice leads to countless sleepless nights. It might also require a social media cleanse. If you suspect an incompetent doctor or hospital injured you, then get the legal advice you need by calling Chance, Forlines, Carter & King to speak with our Atlanta medical malpractice lawyers.