Support for Physician Defendants in Malpractice Litigation w/ Dr. Gita Pensa (Ep. 42)

The Psychological Toll of Malpractice Litigation on Physicians: A Path to Resilience

In the medical field, litigation is a looming possibility that most physicians will face at some point in their careers. Studies show that the majority of doctors, particularly those in high-risk specialties, will be named in a lawsuit during their professional life. Despite its frequency, many are ill-prepared for the emotional and psychological turmoil that accompanies such an event.

Malpractice lawsuits are often misunderstood by the public, with the assumption that a doctor being sued must have committed some egregious error. However, malpractice claims frequently arise not because of negligence, but due to a bad outcome, even when the physician acted within the standard of care. This disconnect can lead to feelings of deep injustice and isolation among physicians, compounding the stress of the legal process.

The Emotional Toll: Isolation, Anxiety, and Depression

The psychological impact of being named in a lawsuit can be profound and long-lasting. For many physicians, the experience is deeply isolating. The legal process is shrouded in secrecy, with doctors often advised not to discuss their case with colleagues or friends. This isolation can exacerbate feelings of anxiety, guilt, and depression. Physicians may begin to question their competence, their worth as a professional, and even their value as a person.

In severe cases, the stress of litigation can contribute to burnout or even suicidal ideation. Physicians have twice the suicide rate of the general population, and for women in medicine, the rate is four times higher. The pressure to maintain composure and continue providing care to patients while grappling with these intense emotions can be overwhelming.

Shifting the Paradigm From Isolation to Resilience

The traditional approach to handling litigation stress—encouraging physicians to "keep quiet and carry on"—is not only outdated but harmful. Dr. G. Pensa, an emergency medicine physician and litigation stress coach, advocates for a new model that emphasizes resilience and support. Drawing on her own harrowing experience with a malpractice lawsuit that lasted over a decade, Dr. Pensa has developed a comprehensive approach to help physicians navigate the emotional and psychological challenges of litigation.

Central to her method is the idea that physicians need to be equipped with more than just legal knowledge. They need emotional tools and strategies to manage the stress, anxiety, and fear that accompany litigation. Dr. Pensa's coaching program, "Litigation Education and Performance" (LEAP), combines education on the legal process with performance coaching, cognitive-behavioral techniques, and emotional support. This holistic approach helps physicians not only survive the litigation process but emerge stronger and more resilient.

Practical Strategies for Coping with Litigation Stress

For physicians currently facing litigation, early intervention is key. Engaging with a coach or therapist as soon as possible can help mitigate the emotional impact. Dr. Pensa’s program emphasizes several core strategies:

• Education and Preparation: Understanding the legal process and what to expect can reduce anxiety. Knowing how to be an effective defendant, from deposition to trial, empowers physicians and helps them regain a sense of control.

• Cognitive-Behavioral Techniques: These techniques help physicians identify and challenge unhelpful thoughts, such as catastrophic thinking or self-blame, and replace them with more balanced perspectives.

• Emotional Support: Having a safe space to express feelings of fear, anger, or sadness without judgment is crucial. This support can come from a coach, therapist, or peer support group.

• Performance Coaching: Just as athletes train for a big game, physicians can benefit from training on how to present themselves confidently and competently in legal settings. This includes managing emotional responses during depositions and trials.

• Resilience Building: The ultimate goal is to help physicians not just cope with litigation but use the experience as a catalyst for personal and professional growth. This might involve re-evaluating career goals, improving work-life balance, or developing new professional interests.

Looking Ahead: Changing the Culture of Medicine

Dr. Pensa’s work is part of a broader movement to change the way the medical community approaches malpractice litigation. By addressing the emotional and psychological needs of physicians, we can reduce the negative impact of litigation on their well-being and ultimately improve the quality of care they provide. The future of medicine must include a commitment to supporting physicians through all aspects of their careers, including the challenging experience of litigation.