Most New York City medical patients and residents alike have likely heard that when a person who has been aggrieved under New York laws brings a civil lawsuit, they should maintain confidentiality about the case and the legal proceedings between themselves and their lawyers. Indeed, confidentiality is very important in civil legal cases, including ones involving medical malpractice in New York City. However, in this modern day and age, much of our lives are publicized, whether we like it or not. From being in the frame of a Tik Tok influencer’s dance video that goes viral, to being accosted by Instagram stars with inane questions on the street, to even posting about our own lives on our social media feeds, social media is a large part of how many New York City residents not only entertain themselves, but how they connect with other people (and even get their news).
Although social media can be a great tool to keep in touch with family and friends, even thousands of miles away, it can also be a floodgate to inadvertently leaking confidential information that can influence a New York City medical malpractice case. But why is it so important to maintain confidentiality during the pendency of a New York City medical malpractice case, and what are some potential consequences of leaking information about your case on social media? To help New York City medical malpractice victims understand this cornerstone of the attorney-client privilege, we answer those questions here.
The Importance of Confidentiality in New York City Medical Malpractice Cases
Confidentiality is key during the pendency of a New York City medical malpractice lawsuit. Under the evidence rules that govern New York City medical malpractice cases, communications between a lawyer and their client are confidential, meaning that those communications are protected from being discovered and used in court by the defendant party. However, when a person shares confidential information about their case with a third-party (and there is no other privilege protecting those communications under the evidence rules) the attorney-client privilege can be broken, and the defendant and their legal team can fairly find out about them, obtain them, and use them in court. Frequently, defense lawyers ask the court for an order directing a person bringing a claim to reveal all of their social media postings on Tik Tok, Instagram, Facebook, etc.. Accordingly, it is very important not to discuss your case with third-parties, and to speak with ONLY your New York City medical malpractice lawyer before sharing any details of your case with anyone.
Consequences of Sharing Confidential Information Online During Your New York City Medical Malpractice Case
In addition to breaking the attorney-client privilege, posting about your case on social media can, among other things, impact the value of your case. The old adage, “lose lips sink ships” holds true today. People who have claims and post their daily lives out on social media run the risk that Defense Counsel and their Insurance Investigators are going to find those postings and use them against you in your case. A defendant may find out about the baseball game you played in, the long road trip you took, or the dance lessons you attended, and may use that information against you in their defense. If you post it, you can assume that it will probably be used against you in court. Accordingly, it is best not to share anything on social media during the pendency of your case, and you should always speak with your lawyer before hitting the “post” button.
If you were injured by your doctor or by the hospital in New York City and you need legal help, contact the experienced New York City medical malpractice lawyers at the law firm of Michael Gunzburg, P.C. Contact Michael Gunzburg, P.C. today and speak to a lawyer about your rights and options now.