When Litigation Hits Home: Relationships and Litigation Stress

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.

"Every member of the family is involved in a lawsuit." -Dr Greg Henry

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

Previous Episode

Experts and Testiliars: Part Two

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.

Next Episode

Trial and Settlement

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 attorneys, Dr. William Sullivan (a practicing physician and attorney, who has been a defendant himself) as well as Douglas Williams, Esq, a medical malpractice defense attorney in Baton Rouge, LA, with over 30 years of experience. We'll also hear the story of one physician's case as it progresses from medical encounter all the way to trial.

More about Dr. Pensa and her work can be found at doctorsandlitigation.com