We’ve pointed out doctor-bloggers who have provided first person accounts of being sued for malpractice, but the last doctor on the list, the pseudonymously-named “Flea,” is taking it one step further: he’s blogging about his own trial as it happens. Today’s post is “Flea on Trial – Day One: Jury Selection.” You can follow the whole series here.
Meanwhile, New York Personal Injury Lawyer Eric Turkewitz comments, from a trial lawyer’s perspective, on some of the dangers of a doctor blogging about a case in near-real time. Our favorite tidbit is this:
His decision to walk this high-wire without a net brings us to a third issue: If plaintiff’s counsel finds out about the blog, should it be used at trial? A lawyer’s gut reaction may be yes, in order to claim to the jury that what they are seeing is a well-rehearsed act.
But if the risk is that the insurance carrier uses it as an excuse to disclaim on a plaintiff’s verdict, it may be entirely counterproductive. In this sense, Flea shares a common goal with his nemesis: They both want the insurance company standing there in case of a plaintiff’s verdict.
Well, sure — it is about the money, after all.