There’s no denying that social media has become a deeply ingrained and nearly omnipresent part of our day-to-day lives. While sites like Twitter, Instagram, Facebook, and so on have a great deal they can offer us and society at large, they can also come with significant (and often unexpected) drawbacks.
When life gives someone a proverbial lemon through a serious injury, car accident, or financial difficulty, it’s natural that our first instinct is to go to social media to seek the reassurance and support of our friends, family, and extended social circle. But when your difficulties involve an ongoing legal situation (say, for example, an active medical malpractice suit), social media may not be the best choice for seeking support.
This article will explore some of the potential consequences of the misuse of social media when one is involved in a legal case. We will also offer some tips for the intelligent use of social media in this situation.
Social Media Dangers to Be Aware of
As mentioned, careless use of social media while involved in a legal proceeding can have important unforeseen consequences.
Anything Can Be Used as Evidence
Remember that social media is, by definition, a kind of public information, and the opposing side’s legal team will be thrilled to use your own words against you if given a chance.
For example, if you are suing a doctor for causing you a serious injury but post a photo of yourself working out or making home improvements on one of your social media pages, it would be an easy thing for the opposing lawyers to use your photos as evidence that you are faking and your injury is not nearly as bad as you claim.
Deceit and Evidence Tampering
Here are a few other things to keep in mind about social media usage. First, don’t try to send a friend request to your own lawyer whom you have hired to represent you. Your relationship is professional, and it’s best kept that way.
You also want to be extremely cautious about making or accepting new friend requests once your legal proceedings have begun. It could be the opposing legal team trying to catfish you into giving them access to your social media pages.
After your trial begins, avoid deleting posts and photos from your social media pages. This could be viewed as the destruction of evidence which is illegal. The focus of your trial should be the doctor’s negligence, so avoid giving their legal team a chance to attack your character.
Tips for Intelligent Social Media Usage
Once legal proceedings have begun, here are some important social media tips that you definitely want to follow to avoid causing yourself problems or complications down the road.
Switch to the Strongest Privacy Settings
It’s safest to assume that nearly anything you post to social media can be seen by someone who is determined to see it. It’s still a good idea to use the strongest security and privacy settings possible to keep as much information truly private as you can.
Be Cautious About What You Post
If you are suing in a malpractice case, the defense’s legal team will be eager to use social media posts to undermine your case, especially posts related to:
- Your work and/or social life
- Your health
- Trips or travel
- Your expenditures (especially major ones)
While it’s theoretically possible that any such posts you make could be used to strengthen your own case, you simply don’t know if or how the opposing legal team may try to use it for themselves. A statement or fact that seems perfect for supporting your case could just as easily be spun in a different direction to completely undermine the point you’re trying to make.
Generally, Keep a Low Profile
If there’s one rule or theme that all this advice has in common, it’s that the less you use social media during legal proceedings, the better. The more information you post about your life on social media, the more potential ammunition you provide to a clever lawyer looking to spin your posts in a way that hurts you.
Specifically, it’s important to resist the urge to “just check in” and make quick posts to friends and followed groups on social media. If you’re making a case about the pain, suffering, or loss of enjoyment your medical issue has caused you, regular casual updates can be used to make you seem well-adjusted and normal.
Additionally, it’s important to ask friends and family to avoid tagging you in posts or photos. Related to the ideas we’ve already mentioned, their posts or images could unintentionally be used against you in court.
Contact Steve Newman Legal for Trustworthy Legal Representation
There’s one more critical step everybody should take when dealing with social media and medical malpractice – have a trustworthy lawyer who can advise you and keep you on the right track. Fortunately, when it comes to medical malpractice law, there’s no name more trusted than Steve Newman Legal.
Call or email today to start a consultation on your legal issue.