Doctors and Litigation: The L Word

Mar 22 2025 28 ep. 37 mins 183
Doctors and Litigation: The L Word Podcast artwork

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. Start at the introduction of Season 1, and work your way through; you’ll hear the voices of docs who have been there, and advice from experts including psychologists and attorneys. Theme music by @BenjaminBanger

  Health & Fitness
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Introduction: What’s the Big Deal?

Apr 05 2019 17 mins  
Litigation 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 t

First Steps: You‘ve Been Served

May 09 2019 25 mins  
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 discuss

Stark Choices: The Case of Dr. V

Jun 14 2019 20 mins  
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

Darkness Into Light: Suicide, Coping, and Hope

Jul 24 2019 40 mins  
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 c

L Word Mini: NPSA Day

Sep 11 2019 9 mins  
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 suicid

D-Day: Preparing For Your Deposition

Sep 25 2019 44 mins  
In 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 l

Experts and Testiliars: Part One

Oct 30 2019 47 mins  
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

Experts and Testiliars: Part Two

Dec 13 2019 65 mins  
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

When Litigation Hits Home: Relationships and Litigation Stress

Jan 19 2020 53 mins  
"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.MomsWellBe

Trial and Settlement

Mar 13 2020 83 mins  
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 prepa