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, 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

In this special episode, Dr. Pensa has a conversation with attorney T. Marc Calvert about the criminal trial of RaDonda Vaught, a Vanderbilt nurse who was found guilty of negligent homicide due to a medication error.
Attorney Calvert has specialized in medical malpractice defense for over thirty years, and brings a nuanced perspective to a case which has rocked the medical world since the verdict in March 2022. Some of the questions we discuss:
<ul><li>Will we see more criminalization of adverse events and medical error after this trial?</li>
<li>Will malpractice insurance cover the costs of a criminal defense?</li>
<li>What is the institutions's role in this error, and why are they not bearing more responsibility?</li>
<li>What might happen to safety culture and the self-disclosure of error in the wake of this verdict?</li>
<li>What lessons should we take away from this terrible and tragic event?</li>
</ul>

Doctors and Litigation: The L Word

Special Episode: The RaDonda Vaught Case

Many listeners have sent in questions about litigation in this new era of COVID-19. They are infuriated after seeing advertisements from plaintiff's attorney firms already soliciting COVID-19 cases, while physicians and other front line health care providers risk our lives and the health of our families in an unprecedented crisis --when litigation should be the last thing we have to worry about.  Physicians now wonder how protected will they be if their usual practice is disrupted, and there are delays in diagnosis or treatment. Or what if we send a patient with suspected COVID-19 home when they are stable, b...

Special Episode: Litigation Risk and COVID-19

In this episode, we're on the road to trial -- and talking about settlement opportunities that may come up along the way. Who makes the decisions about going to trial vs offering/accepting a settlement? What factors go into those decisions? What's a consent to settle agreement -- and what's the hammer clause that comes with it?
If you're definitely headed to trial, how do you prepare -- practically and psychologically? And what can happen if there's a verdict against you and a judgment that exceeds your policy limits?
We'll be hearing from two defense...

Trial and Settlement

"Every member of the family is involved in a lawsuit."  -Dr Greg Henry
Litigation often has a spillover effect on spouses/partners and families, whether or not the defendant physician acknowledges it. In this episode, I interview Dr. Claire Nicogossian, PsyD, a psychologist and clinical instructor in the Department of Psychiatry and Human Behavior at Brown University (www.MomsWellBeing.com) We discuss common struggles that couples and families face during litigation, how to stay connected and communicative, and how to speak with children about litigation. Dr. Nicogossian describes some of the Gottman Institute's longitudinal research on couples, i...

Gita Pensa MD

Doctors and Litigation: The L Word by Gita Pensa MD

Episodes