TRANSCRIPT
Support for Physician Defendants in Malpractice Litigation w/ Dr. Gita Pensa (Ep. 42)
00:00:00 Dr. Gita Pensa discusses the common experience of physicians being sued for malpractice. According to Dr. Pensa, the majority of physicians will be sued during their career, especially those in higher-risk specialties. She clarifies that being sued for malpractice does not necessarily mean the doctor was negligent. Instead, anyone dissatisfied with their care or unhappy with the outcome may file a lawsuit. Dr. Pensa explains that these lawsuits can cause significant emotional distress for doctors, even if they are dismissed. She also mentions an intriguing documentary called "A World of Hurt: How Medical Malpractice Fails Everyone" that explores this issue further.
00:05:00 Dr. Pensa shares a story about a physician who took his own life after being sued, and his wife, who was also a physician, was later sued by the plaintiff's attorney. Dr. Pensa emphasizes that such incidents are more common than people realize, and many physicians face lawsuits for less severe cases that may not result in significant harm to patients. She explains that the impact of litigation cases falls heavily on doctors, emotionally and financially, and the public's perception of malpractice cases is often skewed, conflating adverse outcomes with true errors.
00:10:00 Coach Dr. Gita Pensa discusses the challenges and complexities of the malpractice litigation system for doctors. She acknowledges that doctors, regardless of their intentions, can make mistakes and feel guilty, especially when patient outcomes are less than ideal. Dr. Pensa emphasizes that the current system is not favorable to doctors and that the guilt emotions experienced by doctors are uniquely leveraged in this legal process. She also mentions that certain specialties, such as surgery and obstetrics, have a higher likelihood of being exposed to litigation. Dr. Pensa shares her personal experience as a defendant in a $28 million demand case, which led her to establish doctorsandlitigation.com and provide coaching to help her peers navigate the emotional and legal challenges of malpractice litigation.
00:15:00 Dr. Gita Pensa shares her personal experience of being named in a malpractice lawsuit and the emotional toll it took on her. After discharging a patient who later suffered a stroke, Dr. Pensa questioned what she could have done differently and felt immense guilt. When she was named in the lawsuit and faced the potential financial and professional consequences, her thoughts turned to isolation and despair. The legal advice she received was to keep quiet about the situation, adding to her feelings of isolation. Dr. Pensa went through a lengthy trial process, which lasted from 2006 to 2015, during which she felt trapped and unable to cope. Eventually, her verdict was overturned, leaving her feeling devastated. It wasn't until around 2015 that Dr. Pensa realized she needed to make a change and began studying how to better handle such situations. She learned a great deal about the law and legal performance and, in 2018, went on trial again as a more resilient and prepared person.
00:20:00 In this section, Dr. Gita Pensa shares her personal experience of going through a malpractice lawsuit and the emotional toll it took on her for over a decade. She reflects on how the experience made her realize the need for change in supporting physician defendants in such situations. Dr. Pensa describes the long-lasting impact on her personal and professional life, as well as the isolation she felt during the process. She emphasizes that doctors tend to isolate themselves during lawsuits and that the culture of medicine contributes to the high rate of physician suicide, with women in medicine being at an even higher risk.
00:25:00 Mike Neubauer, CEO of Grand Vision Companies, introduces the Doctors & Dollars 5-Day Financial Challenge. The challenge aims to provide viewers with the knowledge and tools to build a strong financial foundation. Then, Dr. Gita Pensa, a pioneer in malpractice litigation stress coaching, shares her experiences during her litigation process and the resources she found helpful. She mentions Sarah Charles, a psychiatrist who wrote about her personal experience with being sued and the impact on her mental health in her books "Defendant" and "Adverse Events." Pensa also mentions the book "When Good Doctors Get Sued" and Louise Andrew, an MD JD who has been coaching and mentoring physicians in this arena for a long time. Pensa notes that she had to dig to find these resources and that there was not much support available during her experience.
00:30:00 Dr. Gita Pensa discusses her personal experience with malpractice litigation and the self-research and consulting she undertook during and after the trial. She explains that she engaged in extensive learning, including legal techniques, cognitive neuroscience, and behavioral therapy, as well as speaking with psychologists and attorneys. Dr. Pensa reflects that if she had accessed these resources earlier in her experience, she may have spared herself years of anxiety and depression and could have practiced medicine more effectively. She also shares that her subsequent career shift into teaching and educational technology may not have occurred if she had found these resources earlier.
00:35:00 Coach Dr. Gita Pensa discusses the emotional challenges faced by physicians during malpractice litigation. She shares her own experience and how it led her to a career in coaching. Dr. Pensa emphasizes that the process is a double-edged sword, with both good and bad aspects. She encourages physicians going through litigation to seek coaching, even if they have unrealistic expectations or feelings about what it should be. Dr. Pensa describes how fear, anxiety, and heartbreak are common emotions during the litigation process due to a lack of understanding and knowledge about the process. She suggests techniques to help physicians manage their emotions, such as learning about the process and developing skills to separate feelings from facts. Dr. Pensa also emphasizes the importance of being a good defendant and not letting emotions drive one's actions during depositions or trials. She encourages physicians to start the emotional processing earlier rather than waiting until close to the deposition or trial.
00:40:00 In this section, Dr. Pensa discusses her role as a coach for physician defendants in malpractice litigation. She explains that her coaching goes beyond just explaining the anatomy of a lawsuit; instead, she educates clients about what to expect and how to handle the emotional impact of the situation. Dr. Pensa also mentions her unique approach as a coaching mentor, educator, and quarterback coach, guiding clients through the process and helping them learn how to perform effectively in court. She has recently launched a course, LEAP (Litigation Education and Performance), which aims to provide a comprehensive skill set for dealing with malpractice litigation.
00:45:00 Dr. Gita Pensa discusses the importance of reaching out to her for coaching services as early as possible in the malpractice litigation process. She explains that her primary focus is on the well-being and mental clarity of the defendant, which often leads to better performance during trials. Dr. Pensa encourages listeners to find her before the "season" starts, rather than waiting until the last minute. She also shares her plans for the next five years, which include expanding her reach to a wider audience through video courses, CME, and litigation education. To learn more about Dr. Pensa and her coaching services, listeners can visit doctorsandlitigation.com or sign up for information about LEAP coaching at leapcoaching.com.
00:50:00 Coach Dr. Gita Pensa concludes the episode by expressing gratitude to the audience for listening and offering the opportunity for future collaborations. The episode covered various aspects of supporting physician defendants in malpractice litigation, including the importance of self-care, building a strong defense team, and maintaining a positive mindset throughout the legal process. Dr. Pensa emphasized the need for physicians to prioritize their mental and emotional well-being during these challenging times and provided practical advice on how to navigate the complexities of malpractice litigation. The episode concluded with a call to action for listeners to reach out for support and resources when needed.