Doctors and Litigation: The L Word
19 episodes - English - Latest episode: 23 days ago - ★★★★★ - 193 ratingsThe 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, with the voices of doctors who have been through it. Music by @BenJamin Banger.
Learn more about creator Gita Pensa M.D. at doctorsandlitigation.com
Also available on Apple Podcasts and Spotify
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Episodes
Help Resistance
April 04, 2024 13:09 - 27 minutes - 25.1 MBThis month, we're exploring the topic of 'help-resistance' in physicians. Why do we acknowledge the need to maintain and optimize the health of our bodies, but scoff at doing the same for our minds or mental well-being? Why do support programs flounder from lack of participation? Why is the notion of even 'self-help' so foreign and...icky? In this 'listicast', Dr. Pensa explores the top ten(ish) reasons for help-resistance in physicians. This has practical implications as to why physicians ...
The EMR Audit Trail: Friend and Foe
March 09, 2024 12:38 - 29 minutes - 27.5 MBIn this first episode of Season 2, Dr. Pensa talks with attorney Saira Pasha, an EMR audit trail expert. What else besides the words in your chart does your electronic medical record track? Are 'secure messages' discoverable? (Spoiler: yes, they can be!) How can an audit trail help your case -- or hurt it? How does an audit trail expert 'read between the lines' of who's looking at what entries in the record, and when, and for how long? Take home points: The EMR creates a trail that tracks...
Life After Litigation: Part Two
February 08, 2024 19:05 - 52 minutes - 71.5 MBDr. Pensa tells the story of her own life after litigation in an interview with Dr. Mel Herbert. This is the last episode of Season One. But follow along -- a new season is in the works! We'll talk about topics at the intersection of litigation, coaching, risk, and medicine -- and how to stay human through all of it.
Life After Litigation: Part One
May 10, 2023 21:49 - 24 minutes - 22.2 MBAlthough you might expect life to go back to 'normal' as soon as the litigation process is complete, it often doesn't work that way. Lingering distress, if left unaddressed, can lead to behaviors like over-documenting or over-testing, avoidance of certain procedures or case types, PTSD symptoms, disillusionment, burnout, and career abandonment. In part one of 'Life After Litigation', Dr. Gita Pensa speaks with Tracy Sanson MD, Stacia Dearmin MD, and Marge Paccione, PhD, about their insights.
Special Episode: The RaDonda Vaught Case
April 11, 2022 18:46 - 53 minutes - 49.2 MBIn 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: Will we see more criminalization of adverse e...
Special Episode: Litigation Risk and COVID-19
April 05, 2020 11:40 - 32 minutes - 29.8 MBMany 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...
Trial and Settlement
March 13, 2020 16:19 - 1 hour - 76.9 MBIn 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...
When Litigation Hits Home: Relationships and Litigation Stress
January 20, 2020 01:47 - 53 minutes - 49.4 MB"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 a...
Experts and Testiliars: Part Two
December 14, 2019 00:31 - 1 hour - 60.2 MBIn Part Two of 'Experts and Testiliars' we continue to explore the world of unethical medical expert witnesses and their impact on defendants and the litigation system. You'll hear a presentation of Dr. Pensa's own malpractice case, as well as verbatim expert witness testimony from her second trial (acted out brilliantly by Dr. Anand Swaminathan as the plaintiff's expert). We also discuss what physicians can do to help attorneys identify and disempower 'testiliars' during litigation, what 's...
Experts and Testiliars: Part One
October 30, 2019 20:21 - 47 minutes - 43.6 MBIn part one of this look at medical experts in malpractice litigation, we hear the story of Dr. M, a physician embroiled in a dramatic legal battle after the death of a patient, and his efforts to bring the medical expert in his case to justice. We speak more with Dr. Louise Andrew, MD JD, about the necessity and ethics of medical expert testimony, and hear the voices of physicians who have been defendants, plaintiffs, and experts themselves. And we examine the psychological impact that unet...
Experts and Testiliars: Part 1
October 30, 2019 20:21 - 47 minutes - 43.6 MBIn part one of this look at medical experts in malpractice litigation, we hear the story of Dr. M, a physician embroiled in a dramatic legal battle after the death of a patient, and his efforts to bring the medical expert in his case to justice. We speak more with Dr. Louise Andrew, MD JD, about the necessity and ethics of medical expert testimony, and hear the voices of physicians who have been defendants, plaintiffs, and experts themselves. And we examine the psychological impact that unet...
D-Day: Preparing For Your Deposition
September 25, 2019 21:47 - 44 minutes - 40.9 MBIn this episode, we discuss the need for emotional, psychological, and practical preparation for your deposition. We hear from experts such as defense attorney Ryan Deady (of Barton Gilman, LLP) as well as Dr. Ilene Brenner, author of 'How to Survive a Medical Malpractice Lawsuit.' As always, you'll hear from physicians about their experiences as well. (Note: this is not concrete legal advice -- you need your lawyer for that. This is meant as a general guide to the process and what you might...
L Word Mini: NPSA Day
September 11, 2019 11:19 - 9 minutes - 8.37 MBIn follow up to the fourth episode, which tells the story of Dr. J, a physician who died by suicide during medical malpractice litigation, this mini session highlights National Physician Suicide Awareness Day (NPSA Day) which falls on September 17th. This is during Suicide Prevention Month, and one week after World Suicide Prevention Day. Physicians have an increased risk of suicide over the general population; over 300 physicians die by suicide each year. I speak with Dr. Loice Swisher, co-...
Darkness Into Light: Suicide, Coping, and Hope
July 24, 2019 16:48 - 40 minutes - 37.3 MBIn this fourth episode, we first hear the story of Dr. J, an accomplished OB Gyn who died by suicide during litigation in the aftermath of the death of his patient. We then talk about barriers to physicians seeking help, and how peer support programs can act a a lifeline. And we talk to a psychologist with expertise in physician litigation about some techniques and strategies for coping with litigation stress. If you are in crisis, the National Suicide Prevention Hotline at 1-800-273-8255 ...
Stark Choices: The Case of Dr. V
June 15, 2019 01:25 - 20 minutes - 18.7 MBIn this third episode, you'll hear the story of one tragic medical case and its legal aftermath, involving a physician who did everything right -- and yet winds up as a defendant in a high-stakes malpractice trial. More about author Dr. Pensa: doctorsandlitigation.com
First Steps: You‘ve Been Served
May 09, 2019 20:41 - 25 minutes - 23.3 MBIn the second episode of Doctors and Litigation: The L Word, we discuss the very first steps in litigation, starting with when you are given notice of a medical malpractice lawsuit. Experts Dr. Sara Charles, Dr. Ilene Brenner, and Dr. Louise Andrew lend their expertise; physician voices describe their experiences. More about author Dr. Pensa: doctorsandlitigation.com Topics discussed: The emotional impact of the first steps into litigation (and the intended effect from the plaintiff's att...
First Steps: You've Been Served
May 09, 2019 20:41 - 25 minutes - 23.3 MBIn the second episode of Doctors and Litigation: The L Word, we discuss the very first steps in litigation, starting with when you are given notice of a medical malpractice lawsuit. Experts Dr. Sara Charles, Dr. Ilene Brenner, and Dr. Louise Andrew lend their expertise; physician voices describe their experiences. Topics discussed: The emotional impact of the first steps into litigation (and the intended effect from the plaintiff's attorneys), as well as some advice on how to frame it in y...
Introduction: What’s the Big Deal?
April 06, 2019 00:43 - 17 minutes - 16.4 MBLitigation affects the majority of physicians during their career -- in other words, good doctors often get sued. Yet the topic is largely a taboo one among physicians. In this first episode, Dr. Gita Pensa introduces the topic of litigation stress, interviews physicians who have been sued about what makes the experience difficult, and talks to Louise Andrew, MD JD about why this topic needs to be addressed. Dr. Pensa successfully defended a multi-million dollar malpractice case spanning tw...
Introduction: What's the Big Deal?
April 06, 2019 00:43 - 17 minutes - 16.4 MBLitigation affects the majority of physicians during their career -- in other words, good doctors often get sued. Yet the topic is largely a taboo one among physicians. In this first episode, Dr. Gita Pensa introduces the topic of litigation stress, interviews physicians who have been sued about what makes the experience difficult, and talks to Louise Andrew, MD JD about why this topic needs to be addressed. Dr. Pensa successfully defended a multi-million dollar malpractice case spanning tw...