The majority of physicians will be sued during their career, yet the topic is largely taboo. This podcast for physicians discusses malpractice litigation and litigation stress. Start at the introduction of Season 1, and work your way through; you’ll hear the voices of docs who have been there, and advice from experts including psychologists and attorneys.

Theme music by @BenjaminBanger

The Department of Justice is waging a war on healthcare fraud, and sometimes even well-meaning doctors can get swept up in it. Today's interview with healthcare law attorney <a href='https://www.grayreed.com/Our-People/Anthony-Box'>Anthony Box</a> will shed some light on this high stakes topic. 
Tony Box has extensive experience not only in defending doctors against government allegations -- but he also previously investigated and prosecuted these cases as a federal prosecutor and FBI agent. He knows both sides of this coin very well. 
Host<a href='https://www.doctorsandlitigation.com/'> Dr. Gita Pensa</a> and Attorney Box break down the basics of what every doctor needs to know about governmental investigations and litigation.

Doctors and Litigation: The L Word

What You Should Know When The Government Comes Knocking

When an insurance company is accused of acting in bad faith, it's alleged that they failed to act fairly and reasonably in handling a claim -- often related to not agreeing to a reasonable settlement when the financial risk to the insured at trial was known to be substantial. In this episode, host <a href='https://www.doctorsandlitigation.com/'>Dr. Gita Pensa</a> talks with Florida attorney Dale Swope about his decades of experience with bad faith lawsuits.  
Mr. Swope emphasizes that some liability insurers are more reliable and fair-minded than others, so it’s important to consider an insurer’s reputation. Just as an adverse medical event doesn’t always mean malpractice, an unfavorable legal outcome doesn’t automatically mean the insurer acted in bad faith. However, insurers do have obligations to their policyholders—and if those obligations aren’t met and there’s a negative legal outcome, it can lay the groundwork for a bad faith lawsuit. 
Mr. Swope also makes starkly clear the importance of knowing who you're really working for when you're working for a mega-group. (You'll want to check the name on your W-2 immediately.)
Dale Swope is managing partner of Swope, Rodante P.A. which is the development of the solo firm practice he founded six months out of law school, in 1979. In his more than thirty years of service as a Board-Certified Civil Trial Specialist, and previously a Board-Certified Business Litigation Specialist, Mr. Swope has won many awards, and holds a reputation as one of the preeminent attorneys practicing in Florida in the area of insurance bad faith.

Gotta Have (Good) Faith...and Beware the 'Lizard's Tail'

If you’ve ever felt frustrated by the fear-driven legal landscape of medicine, this conversation will change the way you think about liability and the future of patient safety.
In this episode, <a href='https://www.doctorsandlitigation.com/'>Dr. Pensa </a>sits down with trailblazer Richard Boothman, JD, a pioneer in patient safety and transparency, to discuss how the traditional "deny and defend" approach has failed both doctors and patients. We discuss the "Michigan Model," how it came to be, how it works, and how new CMS and ACGME changes may make it our new normal. 
Stick around to the end, because Rick's got a story about this model in action that rivals any closing arguments.
 
Mentioned:
<a href='https://watch.ripbs.org/video/a-world-of-hurt-how-medical-malpractice-fails-everyone-uklpuo/'>A World of Hurt: How Medical Malpractice Fails Everyone</a>
 
And sign up here for the first-of-its-kind <a href='https://www.doctorsandlitigation.com/LEAP/signup'>LEAP: Litigation Education and Performance</a> program for clinicians with Dr. Pensa. The course starts March 17 and registration ends on March 10, 2025!

Beyond Blame: Richard Boothman and a Transformative Approach to Adverse Events

The first LEAP (Litigation Education and Performance) Course for Clinicians will run from March 17th through June 2nd, 2025.
This is a hybrid online course, 1 h/week self paced videos and 6 live virtual review and Q&A sessions with Dr. Pensa, one of which will be an Ask-a-Lawyer segment with a seasoned defense attorney. These live sessions are spaced every other week, at varying times, and will be recorded if you can't make a session. 
This is for anyone -- doctors, nurses, APPs, dentists -- any healthcare provider who wants to understand the litigation process, and how they can navigate it with skill and resilience. 
We'll cover from getting named all the way to jury verdict, and all the possible stops in between -- along with many of the coaching techniques for performance Dr. Pensa uses with her 1:1 clients.
*The course is eligible for CME and CNE credits, so use those professional funds for something really useful!*
Check out the course here at <a href='https://www.doctorsandlitigation.com/LEAP/signup'>https://www.doctorsandlitigation.com/LEAP/signup</a>
Please share with anyone you feel could benefit from learning about what we were never taught in training about medical litigation!

Gita Pensa MD

Doctors and Litigation: The L Word by Gita Pensa MD

Episodes