Live Video and Your Medical Malpractice Claim

Over the last decade, social media has changed the way businesses (especially, doctors and surgery centers) communicate with their audiences. Whether they are fans, friends, followers, patients or clients, social media has made it possible to answer questions in real time without the need of a phone call, fax or email.

Throw in live video and social media has now become the de-facto way of educating those fans, friends, patients and clients. More and more doctors are now using video (YouTube, Facebook Live, Instagram Stories and Snapchat) to show fans the procedures that occur “behind the scenes”, during surgery and post op.

The engagement to these live surgery videos is phenomenal. That’s right, doctors are taking advantage of the curiosity factor, showcasing how they do surgery for all to see on the various social networks. And yes, the curiosity pays off. With the average doctor gaining hundreds of new fans and the videos becoming part of their branding and marketing.

But what happens when something goes wrong? What happens when the patient is injured as a result of carelessness or negligence? Can that video be used as evidence?

The answer is … it depends!

The reason I say “it depends” is because it does really depend on the network the video in question was posted to and many other factors.

You would think that just because video was shot and posted to some social networks it could be used as evidence to support an injury claim. Sadly, that’s not always true.

You see with YouTube and Facebook Live those videos are posted to their networks and yes, are accessible for all to find and watch.

But not all surgeons use YouTube or Facebook to air their videos. Some use what’s called “disappearing” status networks.

Take for instance … Instagram Stories and Snapchat. With these networks those videos are only accessible if you are friends with the person posting the videos. And only for a limited time. Typically, you have 24 hours to view those videos and then they disappear forever.

With Facebook Live and YouTube you can copy the link and even download the video if you have the correct software then submit into evidence. With Snapchat and Instagram there currently is no option to copy the video to save later if you are a viewer. Now if you are the doctor who took the video and saved it to use later, then maybe (and quite likely) that video can be subpoenaed into evidence.

So why do we share this information? We share it to give you an insight on how video posted to social media can help your case if your surgeon is known to utilize such technologies to brand and market his/her practice.

With more and more doctors electing to broadcast their surgeries onto social media the chances of evidence being found to aid in your injury claim increases.

If you or a loved one has sustained an injury due to medical malpractice claim in the state of Indiana, and you believe that video was taken (whether aired on social media or not) talk to the attorneys at The Law Offices of David W. Holub today at (219)736-9700. Our professional lawyers will listen, advise and if your case has merit will start the investigation into the doctor’s social media and video posts.

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