Bringing a medical malpractice suit against your doctor would not likely result in any type of retaliation in California courts. Any reputable injury attorney you retain would probably analyze your situation to make sure you had a good chance at winning your case. Winning would close off many countersuit options for your opposition — and those options would typically not be fruitful in the first place.
There is one major exception that could lead to a certain type of legal action against you. It has to do with your conduct surrounding your case, and not the case itself.
If you are not careful about what you post online, defamation could be one of the easiest cases for a medical malpractice defendant to bring against you. You may assume with a relatively high level of confidence that the defense attorneys would search your social media and internet accounts for evidence that you have made claims that could damage their client’s reputation.
As explained on FindLaw, a defamation suit against you would not be a direct result of your court action. instead, it would be a result of any claims you made that could damage the reputation of the defendant. This is simply one of the reasons why most attorneys would advise you not to post anything about the case or any party involved with it on your social media or internet profiles.
Posting about confidential elements of your case could also strengthen your opponent’s arguments. If your arguments were to become less effective and you ended up losing your case due to statements on social media, the doctor or hospital involved could have even further support for their defamation claim against.
Social media is still a relatively new topic in the law, so it is often best to err on the side of caution. Please do not view this as specific legal advice. It is only meant to be background information.
