For doctors: What to do if you’ve been served…
I meet with doctors after they have been served with a malpractice claim—they are often upset/surprised/distressed and not sure where to turn…this makes sense since we get little to no training in this realm. While no one expects to be sued, highly qualified and good doctors get sued. All the time. Some claims are frivolous. Some cases settle. Some doctors are named on a claim even if they had very little to do with the circumstances leading to a claim. Some claims have merit; something may have gone wrong.
In ALL of these scenarios (which unfortunately occur for over half of practicing doctors over a career), there is stress, grief, anger, uncertainty and many other emotions that distract our attention from caring for patients, being present with our families, being kind to ourselves…
Knowing who to talk to and how to get support is vital for getting through a malpractice journey.
First action steps and resources for physicians undergoing a medical malpractice claim:
Call your malpractice insurance company.
Find someone to talk to for support (see below). Talk to your lawyer about the details of the medical case. Find someone else to talk to about your feelings. Having the ability to communicate about the stress of the proceedings and finding support may be crucial, even critical, to your well-being and performance. A common misconception of physicians is that they are not allowed to talk about any aspect of the malpractice journey. Talking about thoughts and feelings and stress is allowed, while discussing details of a case is reserved for privileged conversations with attorneys, licensed therapists, clergy and (in some states) spouses.
Listen to the L-word podcast (Gita Pensa's podcast: https://doctorsandlitigation.com/podcast-2).
Get more information by reading/listening to a relevant book (see below).
Prioritize your health. Actively do this, even and especially if you don’t feel like it. Eat nutritiously, exercise, allow for sleep, limit alcohol/substance use, connect with loved ones.
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Resources for support
Private coaches (in general, these are physicians (and one lawyer) who have been through malpractice litigation and/or others with training in coaching; offering coaching/support for a fee:
Peer Support (trained volunteers who offer free and confidential support and are uncoupled from employers):
https://physiciancoachsupport.com/
Physician Health Services branch of the Massachusetts Medical Society, which offers a variety of behavioral health supports for its members. (781) 434-7404.
Check with your Institution’s Peer Support Program, Employee Assistance Program or other existing resources.
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Reading/Listening Resource List:
Brenner Ilene R. How to Survive a Medical Malpractice Lawsuit: The Physician's Roadmap for Success. Wiley-Blackwell Publishing 2010. ISBN 978-1-4443-3130-1 1.
Charles Sara C & Frisch Paul R. Adverse events, stress, and litigation: a physician's guide. Oxford University Press 2005. ISBN 0 978 0 19-517148-8.
Jena AB, Seabury S, Lakdawalla D, Chandra A. Malpractice risk according to physician specialty. N Engl J Med. 2011 Aug 18;365(7):629-36. article link
Lyons B, Gibson M, Dolezal L. Stories of shame. Lancet. 2018 Apr 21;391(10130):1568-1569. article link
Ofri D. When we do harm: a doctor confronts medical error. Boston, MA: Beacon Press; 2020. ISBN 9780807037881.
Scott SD, Hirschinger LE, Cox KR, McCoig M, Brandt J, Hall LW. The natural history of recovery for the healthcare provider "second victim" after adverse patient events. Qual Saf Health Care. 2009 Oct;18(5):325-30. doi: 10.1136/qshc.2009.032870. PMID: 19812092.
Spenser Jack. Diary of a Malpractice Lawsuit: A Physician's Journey and Survival Guide. Board Certified Press, 2020. ISBN 0578646064, 9780578646060.
Wu AW. Medical error: the second victim. The doctor who makes the mistake needs help too. BMJ. 2000 Mar 18;320(7237):726-7. doi: 10.1136/bmj.320.7237.726. PMID: 10720336; PMCID: PMC1117748.
https://www.emrap.org/episode/emrap20186/litigationand1
Sara Charles MD Physician Litigation Stress Resource Center