Litigation Stress: What Is It?
If you’ve lived through litigation, you likely have a sense of what litigation stress is, but you may not have known that it exists as a well-defined term. You simply know it because you’ve experienced it in some form: sleeplessness, anxiety or depression, depersonalization or burnout, imposter syndrome, disordered eating. What you may not know is that litigation stress is a normal and expected human reaction to an abnormal psychological stressor. As much as physicians, especially emergency physicians, like to think they are exempt from normal human emotions and reactions to stressful situations, they are not. Pretending otherwise is to our detriment.
Explore This Issue
ACEP Now: Vol 38 – No 08 – August 2019In the coming months, this column will cover topics such as litigation stress. We will discuss how to prepare practically and psychologically for depositions and trial, plus explore the ethics of expert witness testimony, the effect of litigation on relationships, and many more common problems. By doing this, we will not only arm ourselves with knowledge and know-how, we will decrease any sense that we are in this alone. Trust me, we’re not.
Dr. Pensa is clinical associate professor of emergency medicine at the Warren Alpert School of Medicine of Brown University in Providence, Rhode Island; associate director (education) of the Emergency Digital Health Innovation program at Brown; and creator and host of the podcast “Doctors and Litigation: The L Word.”
References
- Balch CM, Oreskovich MR, Dyrbye LN, et al. Personal consequences of malpractice lawsuits on American surgeons. J Am Coll Surg. 2011;213(5):657-667.
- Andrew LB. Physician suicide. Medscape website. Accessed July 24, 2019.
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4 Responses to “I’ve Been Sued for Medical Malpractice—Now What?”
August 25, 2019
Thomas Petinga DODear Dr Pensa I applaud your endeavor and initiative on this crucial topic. My experience,(some 45 + years ED med) can attest that your composition is indeed an accurate overview of the real impact to those who undergo or are involved in such a real life professional event. It can leave one demoralized, drained, uncertain and devoid of later enthusiasm for the field they have chosen. Having good competent supportive counsel, knowledge of process, the how to of the deposition process and how to proceed and feel confident in the arena is essential . As a career professional educator and practitioner of Emergency Medicine since the relative beginning I’ve have had to be the defandant ,review and defend many others and by circumstances, and many factors Very successful in defense. The endeavor and the road your on can be extremely helpfull valuable and a resource to “survive and perhaps thrive.”.to all those who are engaged in the delivery of EM and other clinical specialists.
August 25, 2019
John MigliaccioI need some advice about how to overcome 5 years past lawsuits preventing me from been considered for ED employment..
August 25, 2019
Russ McuneAn outstanding topic to explore. Thank you for taking your rough experience and helping us learn from it.
December 21, 2019
Louise B Andrew MD JD FIFEMI have reviewed this entire blog series up to the present, and am compelled to state that it is FIRST RATE. Not only did Gita compile an incredible number of uniquely qualified experts to provide didactic content, she also seamlessly weaves in her own harrowing story, and manages to tell it without a hint of rancor. The series is so professionally mixed and presented, you may think you are listening to NPR.
I hope that any ACEP member (or any physician) who is newly sued will become aware of this series, and further would encourage them to listen to it in its entirety. Not only will doing so provide a roadmap to navigating the process (especially in conjunction with Ilene Brenner’s book), but it will also reveal a beacon of hope that “this too, SHALL PASS!”
Thank you, Gita, for providing this invaluable resource; and for doing so on your own time and at your own expense without any organizational sponsorship whatsoever.