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Social Media Can Harm Your Medical Malpractice Claim


If you suffered an injury because of a medical professional’s negligence, you have the right to recover compensation from the negligent medical professional’s insurance company. However, just because you have the right to be compensated does not mean the negligent medical professional and the insurance company will not mount a vigorous defense after you file your claim. Insurance companies don’t like paying out money to claimants, and medical professionals don’t like losing cases. The insurance company and their client will be looking for excuses to deny your claim.

One place the defense side will be checking for information that could help them contest your claim is your social media. Below is a look at how social media can harm your medical malpractice claim.

How Can Social Media Harm Your Medical Malpractice Claim?

Anything you post on social media can be used as evidence against you. For example, if you claim that a medical professional’s negligence left you unable to engage in physical activities, but there is a picture of you mowing your lawn, that picture could be used against you, even if the truth is that you were mowing the lawn while in significant pain. Let’s say you decide to take a beach trip while your medical malpractice claim is pending. There is nothing inherently wrong with this, as it is reasonable for injured people to visit the beach to relax. But if you post a picture of yourself while on the beach, it could raise questions.

Posts and comments can also harm your medical malpractice claim. For example, suppose you post on Facebook that you have filed a medical malpractice claim. People could make comments under that post that jeopardize your case. For instance, someone might mention that they saw you recently, and you did not look injured or sick. Also, comments you make on social media about your medical malpractice claim could harm your case.

It is best to avoid posting pictures, posts, and comments on social media while your medical malpractice claim is pending. However, even if you avoid posting anything on social media, you could, for example, appear in a picture or video a friend or family member posts. Also, a friend or family member who knows about your case could mention it in a post or comment. If any of your friends or family members know about your case, privately ask them not to mention it on social media. Also, ask friends and family members not to post pictures of you or tag you in any pictures or videos.

If you must continue using social media, consider things carefully before you post them and tighten your privacy settings. While this won’t necessarily stop the defense side from accessing your social media, it will create an extra hurdle for them when they are trying to do so.

Do Not Delete Anything

If you feel there are things on your social media platforms that could jeopardize your medical malpractice claim, it is crucial that you avoid deleting them or your social media accounts. If you do this, you could be accused of tampering with evidence. Talk to your attorney if there are things on social media that you believe could harm your case.

Contact an Atlanta Medical Malpractice Attorney

Our Atlanta medical malpractice attorney at Carroll Law Firm can provide comprehensive legal advice concerning your medical malpractice claim, including providing advice on social media usage. Contact us today to schedule a consultation.

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