WARNING: SOCIAL NETWORKING CAN BE HARMFUL TO YOUR CLAIM

IN EARLY OCTOBER of this year, CareerBuilder.com published an article written by Editor Kate Lorenz entitled "Warning: Social Networking Can Be Harmful to Your Job Search". This article started out with the following anecdote and statistics pertaining to careless social networking posts:

That cute, affable guy who brags of his drunken exploits on FaceBook.com may be meeting a lot of other partiers online, but he's probably not getting added to the "friends" lists of many corporate recruiters. A recent study by the executive search firm ExecuNet found that 77 percent of recruiters run searches of candidates on the Web to screen applicants; 35 percent of these same recruiters say they've eliminated a candidate based on the information they uncovered.

This same warning applies as seriously and with as potentially dangerous consequences to personal injury claims. Over the course of the last few years, numerous insurance adjusters to whom I have spoken have come up with information on individuals involved in some capacity on injury claims (usually parties or witnesses) that I would have never expected them to know in the past and which has prompted me to ask "HOW IN THE WORLD DO YOU KNOW THAT?". Increasingly I discover that they have found out information that discredits someone's story or potentially lessens their credibility from public posts that are found on social networks such as My Space, Facebook, Twitter and the numerous other sites where we can be lulled into a false sense of privacy or security. I am now CONVINCED that most if not all insurance companies are scanning social network posts in order to see whether there might be something available to use in discrediting (often times unfairly) someone who is asserting a personal injury claim. NOW is the recommended time to recognize that everything placed on these social networking sites is really PUBLIC.

EVEN IF you try to protect your sites from what my kids call "creepers" (those persons trying to look into your site content for the purpose of either being nosey or to possibly use the content against you) by setting the security on private so that only your "friends" can see everything, please remember that any so-called friend can use what you have made private to turn it into something public for the world to see. Therefore, for example, innocent comments made on a social network by someone who has been injured that pertain to involvement or participation in physical endeavors, even if you are innocently watching, can be taken out of context and used to give rise to questions about whether the speaker has in fact been injured to the extent claimed or whether their injuries really prevent them from doing what they are actually unable to do. I believe that most injured people would prefer to put a positive spin on things and let on to their acquaintances that they are doing better than how they are actually doing. It is human nature for most people to not want to be perceived as a whiner, so one with a "tough it out attitude" might instead err on overstating what they are able to do or not accurately detailing all of what they are not able to do. I am not being critical of a "tough it out attitude"; instead I am only waiving a big warning about how this attitude can get an injured victim in trouble if he publishes an overly favorable account of his condition on a social network post.

BEST PRACTICE: keep the facts of your claim and your medical condition off of the internet and out of social network posts. KEEP YOUR INJURY CLAIM PRIVATE AMONG ONLY YOU AND YOUR DOCTORS, ATTORNEY AND TRUSTED LOVED ONES....no one else. Too much can be twisted and distorted too easily when it comes to the use of social networking posts, thereby making social networking about your personal injury claim or about your endeavors during the pendency of your personal injury claim as dangerous as the indiscriminate job searcher who posts things that are most distasteful to future employers.

At Stoehr & Smith, LLC, it is our pledge to protect your privacy WHILE PROTECTING YOUR RIGHTS WHEN REPRESENTING YOU IN A PERSONAL INJURY CLAIM, so as to work toward concluding your claim in A MOST FAVORABLE MANNER that gives credit to the truth and accuracy of the consequences of your injuries and damages!

Attorney Nat Smith natsmith@stoehrsmithlaw.com

What can I say to the therapist or nurse if my case is in litigation?

When you treat for your accident-related injuries the nurse at your doctor's office will often meet with you before you see the physician or physician assistant. Typically the nurse is acquiring updated information from you regarding your limitations and restrictions and pain level from the injury. The same is also true for the physical therapist. In fact, you are probably seeing the therapist 2-3 times per week if this is what your doctor has prescribed. It is easy to become friendly with the nurse and, in particular, the physical therapist. After all, they chose careers in the healthcare field so that we can assume that they do care about your medical condition.



Despite the above, you must be careful how you choose your words. For example, you were hurt in an automobile accident 5 months ago. Recently you experienced a weekend of less pain than typical. However, you know that you are far from being healed. Yet the therapist asks you on Monday morning about your weekend. You said that you felt better with less pain, merely being forthright and trying to keep a positive attitude. However, the therapist records in your notes "Patient improved, less pain, reports that his weekend went well. Will continue with modalities. Expect full improvement." Obviously you did say you were feeling better but you were only making a comparison of the past weekend to the previous five months. You certainly did not mean to imply that all was better with your injury. However, someone reading this note could certainly infer this, especially a claims adjuster or insurance defense attorney.



Here are some tips if you are treating regularly for your accident-related injuries:



1. Always be HONEST. Never exaggerate any complaints of pain yet do not minimize your complaints, either. For example, if you say something such as "Oh, I guess I am doing better," this will be interpreted to mean that you are literally improving. In reality, you may be hurting more than ever but you do not want to be a complainer. Go ahead and complain but, just do not exaggerate.

2. Be careful of developing a friendship with your therapist or nurse. This may cause you to become too comfortable with what you say. For example, you may casually say that you watched the football game on Sunday with some friends and had a couple of beers. However, it is likely that your medical record will state "Patient reports no change in her condition. Drank beer over the weekend." Although there may be nothing wrong with enjoying a brew, do you really want this in your medical records?

3. The goal of the healthcare professional is to help you improve. This is admirable, we want this from our healthcare professionals. However, an overzealous healthcare professional may use any opportunity to increase his batting average. Thus, unless you truly are improving and have no doubt that you will be 100%, do not give anyone ammunition to state in your records you are healed if this is not accurate.

Simply put, it may be better to state "I see some improvement but not enough" or "I still hurt a lot but the last couple of days seem somewhat better," if this is actually the case. Remember, your words will be recorded literally and, at times, stated inaccurately. Thus, like all of life's situations, be careful what you say and how you say it. If you are careful, you will not have to worry about something being taken out of its proper context. Attorney Doug Stoehr

Who is the most important person in health care reform: YOU!

You should not be surprised that YOU are the most important person in the debate on health care reform. However, I am also one of the most important persons, along with my neighbors, the persons with whom I work, the students in my children's schools and their parents, teachers and professors, the individuals who go to work to earn a living, the people who cannot work, the brave persons who fight for our country abroad and the people who should be appreciated for protecting us and providing services to us in our home towns. We are all the persons who could due to one quick and unexpected mishap or as a result of illness become patients requiring medical care from medical providers whom we hope are skilled, concerned, experienced and unimpaired in any manner. While the insurance companies and other big business interests, and those that represent them such as the Chamber of Commerce and other interest groups are definitely voices in the debate, they seem to be focused more on profits than people. We need to let our legislators know that WE are the most important persons in the debate on health care reform; many of them do not seem to understand that truth. Please click on the purple link to watch the following video of Congressman Bruce Brawley of Iowa as he discusses "the most critical aspect of true medical health care reform" which is STANDING UP FOR PATIENTS!
At Stoehr and Smith,LLC. we can provide free advice and help if you believe that a family member or acquaintance has been the victim of carelessness or negligence while a patient in a nursing home facility; please feel free to give us a CALL today.
Attorney Nat Smith

Helping the Chronically Ill Patient

Many of us know someone who suffers from chronic pain. Chronic pain can be the result of a serious work-related injury, an automobile accident, or simply the aging process. For example, you may have a loved one who presently resides in a nursing home.

Although I am relatively young (51) I know the affects of chronic pain. I am a chronic pain sufferer. Unfortunately, this means that a part of my life is consumed by a medication schedule, visits to the doctor, therapy or another surgery.

Therefore, if you know someone who suffers from chronic pain, please improve your relationship by communicating better and being patient. Here are some ways to better understand the chronically ill patient:

1. When you take a moment to ask the sufferer how she is doing, find out how she is doing emotionally, not just physically. This makes the sufferer feel that you really do care. Somehow it makes the day more bearable.

2. Remember what it is like to suffer pain for a few days, even one day. Then think about the person who you know that suffers each and every day, if only for part of the day.

3. Remember the adage, do not criticize or be judgmental unless you have walked a mile in the other's shoes. If you keep this in mind and become patient, the sufferer really appreciates your interest and concern. However, be sincere. Those suffering with chronic pain can see through an insincere remark or gesture in a heartbeat.

4. Remember: The chronic sufferer did not choose to be in this position. The sufferer has been dealt a bad hand, so to speak. Chronic pain can be depressing, and at times, debilitating. At the very least, it is challenging. Therefore, take the time to better understand the condition or illness that the other suffers so you will better understand treatment options, therapies, and medications.

5. Speaking of medications, the chronically ill person is not an addict. Do not be judgmental or critical if the sufferer shares with you the types of medications she is taking. Remember, the medications, if properly prescribed, are helping the sufferer cope and get through the day.

6. Do not be embarrassed to ask, "Can I pray for you?" The sufferer will be very thankful for your offer, and it may be the first time someone has ever offered to pray for her.

Coping with chronic pain is very difficult. Do you best to understand, be patient, and learn more about the sufferer's condition. To learn more about the types of injuries for which we represent people at Stoehr & Smith, LLC, see our website at www.stoehrsmithlaw.com.

Attorney Doug Stoehr