Medical Malpractice & Social Media: Should You Use It?

Medical Malpractice & Social Media: Should You Use It?

Privacy is vital to our daily lives, especially during the litigation phase of a trial.
During the fact discovery phase of your medical malpractice case, your attorney may seek to acquire all of your social media profile login information.
This is done in order to make sure your privacy is maintained so that none of your private information is discoverable.
The defense counsel may still view your online profiles or even that of your family members for anything that can be used against you in court.
For this reason, we want all East Texans that are about to enter the court justice system to think hard about what they have shared in the past, and perhaps momentarily stop sharing.

Keep in mind:

1. Your social media posts can be used as evidence against you in court
It's 2019, most courts today are going to recognize social media as a viable source of evidence both for and against you.
2. Public social media posts do not count as illegally obtained evidence
This may be of a shock but any social media conversation or post is fair game in the courtroom. Law enforcement is the only entity not allowed to use that against you.
3. Deleting your social media posts while in a trial is not a good decision
Adjusting your privacy settings is one thing, but outright deleting your posts once the trial has begun can look very suspicious. Play it safe and consult with your attorney before making any big moves.
4. Be a selective sharer and only share things you are okay with making public
If you wouldn't want even your office or boss to know something about you, consider not posting it.
5. Use a VPN service when using the internet
A VPN, or virtual private network, is a secure tunnel between two or more devices. Try using this to communicate online during your trial.
6. Practice careful clicking
Make sure you don't click on any links sent through email and especially nothing from strangers. Hackers are waiting to follow and track you around the internet. This is a good tip even if you're not in court.


Above all keep in mind to not discuss your case online. If you are ever in doubt the attorneys at Martin Walker Law have all the knowledge and skills available to consult with you. If you have any questions about your social profiles and how they affect your case, don't hesitate to call us today for a free consultation. (903) 526-1600