Doctors and Litigation: The L Word

Gita Pensa MD

38 episodes listed below

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In their own words

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

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Episodes

  1. 1

    First Steps: You‘ve Been Served

    This episode of Doctors and Litigation: The L Word focuses on the initial steps of malpractice lawsuits for physicians, addressing the lack of training and taboo around litigation.

    ·25m·2 clips
  2. 2

    The Educated Defendant: An Attorney's Best Asset

    This episode explores how physicians can become valuable assets in their own legal defense through education and overcoming shame in medical culture.

    ·56m
  3. 3

    Malpractice Litigation and Advocacy

    Dr.

    ·55m
  4. 4

    LEAP: Litigation Education and Performance

    The host announces the launch of LEAP for Clinicians, a CME/CNE-eligible course focused on litigation education and performance for healthcare professionals.

    ·9m
  5. 5

    'Nuclear' Verdicts

    This episode discusses the psychological impact and media sensationalism surrounding multi-million dollar 'nuclear verdicts' in medical malpractice cases against physicians.

    ·32m
  6. 6

    Mindfulness in Litigation

    This episode introduces mindfulness as a cognitive tool for physicians and healthcare workers to manage stress and improve well-being during litigation, backed by research on mental health benefits.

    ·38m
  7. 7

    Life After Litigation: Part One

    This episode explores the lasting psychological impacts of malpractice litigation on physicians and introduces personal recovery strategies through resilience training and therapy.

    ·24m
  8. 8

    The Educated Defendant, Part Two: An Elite Trial Attorney's Advice

    This episode features an interview with elite trial attorney John E.

    ·26m
  9. 9

    What's In Your Policy? Things to Know About Your Med Mal Coverage

    This episode discusses important aspects of malpractice insurance policies for doctors and healthcare clinicians, featuring insights from Dr.

    ·32m
  10. 10

    Trial and Settlement

    This episode of Doctors and Litigation explores the trial and settlement process in medical malpractice cases through discussions with defense attorneys and a physician's personal experience.

    ·1h 24m
  11. 11

    The All-Important Jury

    This episode discusses how juries can override medical facts in litigation, emphasizing the critical importance of jury selection for physicians facing trials.

    ·42m
  12. 12

    When Litigation Hits Home: Relationships and Litigation Stress

    This episode explores how litigation stress impacts physicians' emotional relationships and family wellbeing, featuring personal stories and professional insights.

    ·54m
  13. 13

    Strategic Communication in Litigation

    This episode explores strategic communication techniques for medical professionals facing litigation, featuring expert Matt Abrahams from Stanford Graduate School.

    ·34m
  14. 14

    Experts and Testiliars: Part Two

    This episode explores how false or misleading expert medical testimony affects defendant doctors in malpractice cases and discusses strategies to address it during and after litigation.

    ·1h 6m
  15. 15

    The Blame Game: Finger Pointing in Charting and Litigation

    The host reflects on recent speaking engagements about litigation support for healthcare professionals and shares listener feedback on how the podcast helps them navigate medical adverse events and legal processes.

    ·44m
  16. 16

    A World of Hurt

    This episode highlights the documentary 'A World of Hurt' which explores the failures of the U.S.

    ·26m
  17. 17

    D-Day: Preparing For Your Deposition

    A physician shares a personal anecdote about being sued despite saving a patient's life, then transitions to discussing practical and psychological preparation for depositions in medical malpractice cases.

    ·45m
  18. 18

    L Word Mini: NPSA Day

    This mini-episode discusses the importance of suicide prevention for physicians, especially during malpractice litigation, and encourages colleagues to reach out and support each other.

    ·9m
  19. 19

    Communication After Catastrophe

    This episode introduces a new season of a podcast focused on malpractice litigation for doctors, highlighting the LEAP program as a CME course to educate clinicians on handling lawsuits and communication after catastrophic events.

    ·41m
  20. 20

    Darkness Into Light: Suicide, Coping, and Hope

    This episode explores the impact of medical malpractice litigation on physicians' mental health, focusing on suicide, coping strategies, and the importance of peer support.

    ·41m
  21. 21

    Conversation With a Plaintiff's Attorney: Finding Common Ground

    This episode features an interview with plaintiff's attorney Chad Englehart, exploring common ground in litigation and legal performance for clinicians.

    ·1h 2m
  22. 22

    Medical Board Complaints and Investigations

    This episode introduces the topic of medical board complaints and investigations, explaining how state medical boards operate and encouraging physicians to learn about their specific state's processes.

    ·48m
  23. 23

    DOJ vs. Doctor: One Physician's Victory

    This episode features an interview with psychiatrist Dr.

    ·28m
  24. 24

    Help Resistance

    This episode explores 10 reasons behind doctors' resistance to seeking help, blending coaching insights with personal experience and professional disclaimers.

    ·27m
  25. 25

    The EMR Audit Trail: Friend and Foe

    This episode explores how electronic medical record audit trails are increasingly used in malpractice litigation, revealing that EMRs record more than just clinical notes.

    ·30m
  26. 26

    Gotta Have (Good) Faith...and Beware the 'Lizard's Tail'

    This episode explores bad faith lawsuits in the medical legal landscape, explaining how insurance companies can be sued for not upholding their responsibilities in malpractice insurance contracts.

    ·45m
  27. 27

    Life After Litigation: Part Two

    The host announces part two of 'Life After Litigation' and reflects on the podcast's origins as a personal project started in 2017 to process her experiences, which unexpectedly gained significant traction with six-figure downloads.

    ·52m
  28. 28

    Beyond Blame: Richard Boothman and a Transformative Approach to Adverse Events

    This episode features an interview with Richard Boothman, creator of the Michigan model for early disclosure and communication resolution programs in healthcare, discussing how civil litigation fails to adequately address medical adverse events.

    ·53m
  29. 29

    Special Episode: The RaDonda Vaught Case

    This special episode examines the RaDonda Vaught case, where a nurse was criminally convicted of negligent homicide for a fatal medication error, exploring whether this marks the beginning of criminalizing unintentional medical mistakes.

    ·54m
  30. 30

    Mistakes to Avoid: An Expert Medical Expert's Take

    A medical expert witness discusses common mistakes physician defendants make in litigation and warns against using jury trial outcomes to judge medical care quality.

    ·38m
  31. 31

    Thought Work for the Health of It

    The host discusses how reframing thoughts about litigation, such as shifting from 'I'm getting sued' to 'I have to defend myself in a lawsuit,' can help people adopt more constructive mindsets during legal challenges.

    ·33m
  32. 32

    Special Episode: Litigation Risk and COVID-19

    This episode addresses concerns about medical malpractice litigation during the COVID-19 pandemic, featuring insights from defense attorneys and risk management experts.

    ·33m
  33. 33

    "Reviving Fairness" in Malpractice Litigation: John Hall Returns

    This episode features trial attorney John Hall discussing fairness in medical malpractice litigation and his new book 'Reviving Fairness, Defending Healthcare Heroes'.

    ·45m
  34. 34

    Experts and Testiliars: Part One

    This episode explores the role of medical experts in malpractice litigation, highlighting how false or misleading testimony impacts physicians and challenges the perceived integrity of the legal system.

    ·48m
  35. 35

    What You Should Know When The Government Comes Knocking

    This episode explores governmental investigations and prosecutions against physicians for health care fraud, featuring insights from attorney Anthony Box on legal risks and defense strategies.

    ·45m
  36. 36

    Stark Choices: The Case of Dr. V

    This episode of Doctors and Litigation explores the emotional and procedural challenges of malpractice lawsuits for physicians, focusing on a real case from an Illinois emergency department involving Dr.

    ·20m·2 clips
  37. 37

    Introduction: What’s the Big Deal?

    Dr.

    ·18m·1 clip
  38. 38

    The Weaponization of Punitive Damages

    A physician shares her emotional experience with punitive damages in a medical malpractice case, and the host discusses the weaponization of such damages.

    Apr 16, 2026·46m