Social Media and Your Medical Malpractice Case


Statistics show that 79% of the U.S. population in 2019 have some form of social media profile. Many individuals use social media to share life events, connect with friends and family, and communicate and express themselves online.

While people find many benefits to using social media, the reality is that using social media with a pending medical malpractice case can actually be the opposite of beneficial. What you post online could actually be used by the defense to disprove your own medical malpractice claim.

Social Media Used Against You

Social media is not as private as you may think, and an experienced investigator on the defense’s side may be able to gain access to your pages even if you have them set to private. Social media is considered public evidence, so it can be used in court as evidence from the defense’s side.

Something even seemingly innocent could be used to disprove your injuries or medical state. You may be tagged in photos of you at a concert, seemingly happy with friends and family. Not only may this show you are not injured or ill, but it may make the jury or judge doubt the sincerity of your claim in the first place.

Tips for Protecting Your Case

The most effective way to prevent social media from hindering your medical malpractice claim is to stop using social media altogether, however, we understand that this may not be something you can do. In order to prevent anything you post online to be used against you, it’s recommended that you:

  • Put on the strictest privacy settings so that you only share information with people that you trust
  • Go through your friends' list and remove anyone you don’t know outside of social media
  • Never discuss medical problems or anything regarding your case online
  • Avoid posting photos, videos or check-ins of yourself
  • Ask your friends not to post or tag you in any posts while your case is still pending
  • Assume anything you post could be seen by the defense

Don’t give the defense the ammunition they want and need in order to disprove your claim in court. Take the necessary precautions with your social media use in order to ensure you receive the most out of your case.

If you have any other questions regarding your medical malpractice case, don’t hesitate to reach out to The Moore Law Firm for answers. We have over 50 years of combined experience and will work hard to ensure you receive maximum compensation so that you can focus on healing.

Contact our firm at (513) 232-2000 to schedule a free consultation with one of our Cincinnati medical malpractice attorneys.

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If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.