Log in

goodpods headphones icon

To access all our features

Open the Goodpods app
Close icon
headphones
Doctors and Litigation: The L Word

Doctors and Litigation: The L Word

Gita Pensa MD

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, 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
Share icon

All episodes

Best episodes

Seasons

Top 10 Doctors and Litigation: The L Word Episodes

Goodpods has curated a list of the 10 best Doctors and Litigation: The L Word episodes, ranked by the number of listens and likes each episode have garnered from our listeners. If you are listening to Doctors and Litigation: The L Word for the first time, there's no better place to start than with one of these standout episodes. If you are a fan of the show, vote for your favorite Doctors and Litigation: The L Word episode by adding your comments to the episode page.

Doctors and Litigation: The L Word - Darkness Into Light: Suicide, Coping, and Hope

Darkness Into Light: Suicide, Coping, and Hope

Doctors and Litigation: The L Word

play

07/24/19 • 40 min

In 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 is there for everyone -- even healers.

More about Dr. Pensa: doctorsandlitigation.com

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - Medical Board Complaints and Investigations

Medical Board Complaints and Investigations

Doctors and Litigation: The L Word

play

05/07/24 • 48 min

Medical Boards (or state Departments of Licensure and Discipline) are charged with keeping the public safe from unskilled, impaired, or unscrupulous doctors (or other licensed clinicians, each of which has their own board). While this is an important and necessary role, it is also not uncommon for well-meaning or "innocent" doctors to become the subject of investigations due to complaints from patients, other doctors (including competitors), or from the Board itself. Malpractice litigation or adverse event reporting may also trigger Board investigations as well.

This process is usually opaque, and clinicians have a poor understanding of how their Board works, who is on it, how those people are appointed, who they answer to, what happens when complaints are investigated, the possible ramifications of board decisions, and how to best prepare themselves in the case of a complaint. A naive physician can unwittingly worsen their situation, and an attorney is usually recommended to help in navigating the process. Depending on the complaint, your malpractice policy may help defray the cost of this.

Important points to note: processes for Boards differ from state to state. Typically anyone can lodge a complaint against a physician with the Board, for nearly any reason, and every complaint needs to be addressed in some way. These complaints can be anonymous in some states, and can range from serious to trivial. There is generally no statute of limitations for these complaints. Consider this podcast an invitation to learn more details about your state's medical board and their processes.

Board investigations and evaluations have been linked to physician suicide, and Dr. Pensa cites a study from 2014 in which nearly 5% of physicians referred to the Tennessee medical board for fitness-for-duty evaluations either seriously attempted or completed suicide. She also mentions a John Oliver 'Last Week Tonight' episode about state medical boards that paints a bleak picture of state medical boards' ability to root out dangerous doctors. The job of the medical board is indeed a difficult one, and Dr. Pensa makes the case for more transparency, accountability, and feedback mechanisms given their power and the wide-reaching impact of their decisions. Changes would need to be made at a legislative level, as the Board is typically a governmental/political organization.

Dr. Gita Pensa gives an introduction to Medical Board investigations and complaints in this episode with Guillermo Beades, Esq. Mr. Beades teaches and publishes regularly in an effort to educate physicians and other clinicians about healthcare law.

You can find an article of his about this topic here in Medical Economics.

Guillermo J. Beades, Esq., is a Partner in Frier Levitt’s Healthcare Litigation Department and Co-Chairs the Firm’s Insurance Defense Group. He represents healthcare professionals in a broad range of administrative, civil and criminal healthcare matters. Mr. Beades has extensive litigation experience before state licensing authorities and Medical Boards (e.g., NJ BME, OPMC), federal healthcare agencies (e.g., OIG, CMS, DEA) and state healthcare agencies (e.g., NJ Medicaid Fraud Division, NY OMIG). He represents practices and healthcare professionals in matters concerning credentialing and denial of privileges, administrative discipline, Medicare audits, hospital fair hearings, post-payment demands and pre-payment audits.

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - Experts and Testiliars: Part One

Experts and Testiliars: Part One

Doctors and Litigation: The L Word

play

10/30/19 • 47 min

In 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 unethical, exaggerated, or misleading expert testimony has on defendant physicians, including the story of a physician who died by suicide after being accused of witness tampering.

More about Dr. Pensa can be found at www.doctorsandlitigation.com.

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - Help Resistance

Help Resistance

Doctors and Litigation: The L Word

play

04/04/24 • 27 min

This 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 often do not access support programs, and why they may resist external or even self-help instruction.

These concepts are each briefly explored, with particular focus on the physician experience (though, of course, other clinicians and high achieving professionals may have similar experiences.)

Ten Reasons Behind 'Help-Resistance' in the Physician

1) Internal core beliefs and identity of the physician (and traits including exceptionalism and perfectionism)

2) External collective beliefs and medical culture

3) Inability to recognize when help is indicated (or avoidance coping)

4) Lack of awareness of various modalities of 'help' (what does 'help' even mean?)

5) Family of origin (or culture of origin) taboos; expectations of the family high achiever

6) Absent help infrastructure (or a hush-hush help infrastructure)

7) Terminal uniqueness

8) Fear (of discovery, judgment, licensure/discipline threats)*

9) Friction

10) Change resistance and inflexible thinking (or dichotomous thinking)

*To learn more about Dr. Lorna Breen, the Dr. Lorna Breen Heroes Foundation, and their work addressing the origins of this fear, go to https://drlornabreen.org/

More about Dr. Pensa: https://doctorsandlitigation.com/about-gita-pensa

Disclaimer: Dr. Pensa is not a therapist or psychiatrist, and this discussion is not meant as treatment for any specific mental health disorder. This list is based on Dr. Pensa's personal and professional experience, and her coaching work with other physicians in the realm of litigation stress and burnout.

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - Mistakes to Avoid: An Expert Medical Expert's Take

Mistakes to Avoid: An Expert Medical Expert's Take

Doctors and Litigation: The L Word

play

12/29/24 • 37 min

In this episode we have a conversation with surgeon and longtime expert witness Dr. Stephen Cohen, who wants to tell you about common mistakes he's seen physician defendants make in their cases. Dr. Pensa and Dr. Cohen discuss real cases Dr. Cohen participated in as an expert, and their legal outcomes. We also emphasize the unfortunate reality that we (and licensing boards, and society)should not use adverse jury verdicts and legal outcomes alone to infer whether someone's medical care was reasonable.

Learn more about Dr. Pensa at doctorsandlitigation.com.

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - First Steps: You‘ve Been Served

First Steps: You‘ve Been Served

Doctors and Litigation: The L Word

play

05/09/19 • 25 min

In 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 attorneys), as well as some advice on how to frame it in your mind
  • First action basics: contacting your insurance carrier, and finding an attorney to represent you
  • Board of Licensure/Department of Health investigations that begin automatically in some states when litigation starts
  • The beginnings of the 'discovery' process
  • Who to talk to...and who not to talk to
  • Do's and definite don'ts in the first stages

Resources mentioned:

"How to Survive a Medical Malpractice Lawsuit", by Ilene Brenner MD

"Adverse Events, Stress and Litigation: A Physician's Guide", by Sara Charles, MD and Paul Frisch, JD

Litigation stress website with free resources: www.physicianlitigationstress.org (founded by Dr. Sara Charles; note host Gita Pensa MD serves on the voluntary advisory board)

Dr. Louise Andrew, MD JD: www.mdmentor.com

Theme music by BenJamin Banger (Instagram: @BenJaminBanger)

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - L Word Mini: NPSA Day

L Word Mini: NPSA Day

Doctors and Litigation: The L Word

play

09/11/19 • 9 min

In 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-founder of NPSA Day, tells us about its origins and ways that you can get involved.

Follow hashtags #NPSADay, #DocsTalkSuicide, and for general suicide prevention, #BeTheOne or #BeTheOneTo.

The fifth regular episode on the deposition will be out later this month.

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - Experts and Testiliars: Part Two

Experts and Testiliars: Part Two

Doctors and Litigation: The L Word

play

12/14/19 • 65 min

In 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 'standard of care' actually means, and what recourse physicians can take after their case is completed if they feel they have been wronged by an unethical expert.

Louise Andrew MD JD, Greg Henry MD, and Jeff Segal MD JD add their expertise.

More about Dr. Pensa can be found at doctorsandlitigation.com.

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - When Litigation Hits Home: Relationships and Litigation Stress
play

01/20/20 • 53 min

"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, including the 'Four Horsemen of the Apocalypse' in relationships that predict divorce/relationship failure (Criticism, Contempt, Stonewalling, and Defensiveness). She offers some practical advice, reassurance, and insight. Drs. Paccione, Andrew, and Henry, introduced in previous episodes, continue to offer their added insights.

More about Dr. Pensa can be found at doctorsandlitigation.com.

bookmark
plus icon
share episode
Doctors and Litigation: The L Word - Stark Choices: The Case of Dr. V

Stark Choices: The Case of Dr. V

Doctors and Litigation: The L Word

play

06/15/19 • 20 min

In 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

bookmark
plus icon
share episode

Show more best episodes

Toggle view more icon

FAQ

How many episodes does Doctors and Litigation: The L Word have?

Doctors and Litigation: The L Word currently has 28 episodes available.

What topics does Doctors and Litigation: The L Word cover?

The podcast is about Health & Fitness, Mental Health, Medicine and Podcasts.

What is the most popular episode on Doctors and Litigation: The L Word?

The episode title 'First Steps: You‘ve Been Served' is the most popular.

What is the average episode length on Doctors and Litigation: The L Word?

The average episode length on Doctors and Litigation: The L Word is 38 minutes.

How often are episodes of Doctors and Litigation: The L Word released?

Episodes of Doctors and Litigation: The L Word are typically released every 34 days, 5 hours.

When was the first episode of Doctors and Litigation: The L Word?

The first episode of Doctors and Litigation: The L Word was released on Apr 6, 2019.

Show more FAQ

Toggle view more icon

Comments