Doctors and Litigation: The L Word
Doctors and Litigation: The L Word explores the rarely discussed reality that most physicians will face a malpractice lawsuit during their careers. The podcast aims to break the taboo around litigation and the stress it causes by sharing stories from doctors who have been through it. Listeners also hear practical guidance from experts, including psychologists and attorneys. New listeners are encouraged to begin with the Season 1 introduction and work through the series in order.
Episodes
Introduction: What’s the Big Deal?
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 topic needs to be
First Steps: You‘ve Been Served
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 emotiona
Stark Choices: The Case of Dr. V
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
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 litig
L Word Mini: NPSA Day
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 gener
D-Day: Preparing For Your Deposition
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 legal advice -- y
Experts and Testiliars: Part One
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 d
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 phy
When Litigation Hits Home: Relationships and Litigation Stress
"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 dis
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 -- practicall
Special Episode: Litigation Risk and COVID-19
Many listeners have sent in questions about litigation in this new era of COVID-19. They are infuriated after seeing advertisements from plaintiff's attorney firms already soliciting COVID-19 cases, while physicians and other front line health care providers risk our lives and the health of our families in an unprecedented crisis --when litigation should be the last thing we have to worry about.
Special Episode: The RaDonda Vaught Case
In this special episode, Dr. Pensa has a conversation with attorney T. Marc Calvert about the criminal trial of RaDonda Vaught, a Vanderbilt nurse who was found guilty of negligent homicide due to a medication error.
Attorney Calvert has specialized in medical malpractice defense for over thirty years, and brings a nuanced perspective to a case which has rocked the medical world since the verdict
Life After Litigation: Part One
Although you might expect life to go back to 'normal' as soon as the litigation process is complete, it often doesn't work that way. Lingering distress, if left unaddressed, can lead to behaviors like over-documenting or over-testing, avoidance of certain procedures or case types, PTSD symptoms, disillusionment, burnout, and career abandonment. In part one of 'Life After Litigation', Dr. Gita Pens
Life After Litigation: Part Two
Dr. Pensa tells the story of her own life after litigation in an interview with Dr. Mel Herbert.
This is the last episode of Season One. But follow along -- a new season is in the works! We'll talk about topics at the intersection of litigation, coaching, risk, and medicine -- and how to stay human through all of it.
The EMR Audit Trail: Friend and Foe
In this first episode of Season 2, Dr. Pensa talks with attorney Saira Pasha, an EMR audit trail expert. What else besides the words in your chart does your electronic medical record track? Are 'secure messages' discoverable? (Spoiler: yes, they can be!) How can an audit trail help your case -- or hurt it? How does an audit trail expert 'read between the lines' of who's looking at what entries in
Help Resistance
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) r
Medical Board Complaints and Investigations
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 pat
Mindfulness in Litigation
There is a wealth of research to support a positive effect of mindfulness on the mental health and overall well being of physicians and other clinicians. This is well documented in spheres like burnout, job satisfaction, and overall well being (sample references below). Today on the podcast we introduce mindfulness as a cognitive tool that can be useful in litigation preparation as well.
Today's
'Nuclear' Verdicts
The phrase "nuclear verdict" strikes fear into the heart of any defendant - and today we're going to tackle it head on.
We welcome Dusty Otwell, JD, medical malpractice defense attorney and Chief Risk Officer of UCACS, to the podcast to discuss “nuclear," "runaway jury," or aberration verdicts. These are jury awards to the plaintiff, given at trial, that well exceed predictions. They tend to make
A World of Hurt
"A World of Hurt: How Medical Malpractice Fails Everyone" is a new documentary produced by Emmy-nominated physician-filmmaker Dr. Mark Brady and two medical students, Alex Homer and Viknesh Kasthuri. After a year of private screenings and film festivals, this powerful piece was recently picked up by PBS after winning multiple awards. It is now free to watch online (links below).
In under 27 minu
Strategic Communication in Litigation
In this episode, Dr. Pensa discusses 'strategic communication' in litigation with expert Matt Abrahams.
Matt teaches strategic communication at Stanford Graduate School of Business and hosts the podcast, "Think Fast, Talk Smart." He's also the author of the books "Think Faster, Talk Smarter" and "Speaking Out Without Freaking Out: 50 Techniques for Confident, Calm and Competent Presenting."
We tal
The All-Important Jury
Physicians and other clinician defendants whose cases go to trial (roughly 8-10% of malpractice cases) usually have little understanding of the legal events and strategies involved, which naturally amplifies their anxiety. Today on the podcast, we'll continue to address these knowledge deficits.
Decisions made about how cases proceed are usually made by considering how the 'optics' of a given cas
What's In Your Policy? Things to Know About Your Med Mal Coverage
Many of us have no idea who our medical malpractice insurance carrier is, let alone the details in our policy.
But this ignorance can have huge consequences when it's time to face a claim, and it's better to go into that challenge with your eyes wide open.
On this podcast, Dr. Pensa speaks with John Shufeldt, MD, JD, MBA about things that every doctor or other patient-facing clinician should kno
Thought Work for the Health of It
Dr. Pensa explains why attention to your thinking, even when you feel your mental health is "good", can lead to personal growth and a more satisfying life. We all know the markers of excellent physical health, but what are the components of excellent mental health? Is it simply being happy all the time? Is that even possible? (Spoiler: it's not.)
Using functional fitness for the body as an analog
Mistakes to Avoid: An Expert Medical Expert's Take
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
LEAP: Litigation Education and Performance
The first LEAP (Litigation Education and Performance) Course for Clinicians will run from March 17th through June 2nd, 2025.
This is a hybrid online course, 1 h/week self paced videos and 6 live virtual review and Q&A sessions with Dr. Pensa, one of which will be an Ask-a-Lawyer segment with a seasoned defense attorney. These live sessions are spaced every other week, at varying times, and wil
Beyond Blame: Richard Boothman and a Transformative Approach to Adverse Events
If you’ve ever felt frustrated by the fear-driven legal landscape of medicine, this conversation will change the way you think about liability and the future of patient safety.
In this episode, Dr. Pensa sits down with trailblazer Richard Boothman, JD, a pioneer in patient safety and transparency, to discuss how the traditional "deny and defend" approach has failed both doctors and patients. We di
Gotta Have (Good) Faith...and Beware the 'Lizard's Tail'
When an insurance company is accused of acting in bad faith, it's alleged that they failed to act fairly and reasonably in handling a claim -- often related to not agreeing to a reasonable settlement when the financial risk to the insured at trial was known to be substantial. In this episode, host Dr. Gita Pensa talks with Florida attorney Dale Swope about his decades of experience with bad faith
What You Should Know When The Government Comes Knocking
The Department of Justice is waging a war on healthcare fraud, and sometimes even well-meaning doctors can get swept up in it. Today's interview with healthcare law attorney Anthony Box will shed some light on this high stakes topic.
Tony Box has extensive experience not only in defending doctors against government allegations -- but he also previously investigated and prosecuted these cases as a
DOJ vs. Doctor: One Physician's Victory
Following up after episode 15, "What to Know When the Government Comes Knocking," Dr. Pensa interviews a physician who went up against the US Department of Justice -- and won.
Dr. Muhamad Aly Rifai is a practicing psychiatrist, boarded in psychiatry and internal medicine, who was indicted on charges of healthcare fraud by the US government in 2022, following seven years of investigation. Dr. Rifai
Conversation With a Plaintiff's Attorney: Finding Common Ground
In this episode (the last of Season Two), Dr. Pensa sits down to speak with a plaintiff's attorney.
However, her guest, Chad Englehardt, is not your average plaintiff's attorney. Chad is a highly lauded attorney, law professor, and advocate of Rick Boothman's Michigan Model (for more on that, listen to Episode 13 of Season Two.)
We talk extensively about CRP (Communication - Resolution) programs
Communication After Catastrophe
Welcome to Season 3 of Doctors and Litigation: The L Word!
We start off with an update on the LEAP Course (Litigation Education and Performance) -- sign up from now through December 1, 2025, with coupon code LEAP100 and get $100 off. Now with up to 16 hours of Category 1 AMA CME Credits!
https://www.doctorsandlitigation.com/leap-for-clinicians
Our first conversation in Season 3 is with Dr. Anthony
The Blame Game: Finger Pointing in Charting and Litigation
REMEMBER: Use code LEAP100 until December 1st, 2025, to get 100$ off of the LEAP for Clinicians course! Eligible for 16 Category 1 CME/CNE Credits. Learn the essential mindset and skillset you need as a clinician in litigation, all in one place.
This month: finger pointing among health care professionals after an adverse event, or during litigation.
We've all seen it: the tertiary care center d
Malpractice Litigation and Advocacy
This month we take a high level view of the landscape of 'tort reform' in the US (and what does that even mean?)
Physician-lawyer Dr. Shilpa Mathew, MD JD, walks us through some basics of tort law and advocacy efforts in the US, how you can get involved, and why it matters. (Note: Dr. Mathew's views expressed in this podcast are strictly her own, and not representative of her employer or ACOG.)
Sh
The Educated Defendant: An Attorney's Best Asset
THIS EPISODE is a must-listen for anyone facing, or fearing, litigation. (And their attorneys.)
Host Dr. Pensa interviews radiologist Dr. Nirav Patel about his extraordinary journey through litigation...and what he did to become his legal team's secret weapon.
You can do it, too.
_____________________
Check out Dr. Pensa's recent appearance on The Pitt Podcast -- the HBO Max companion podcast
The Educated Defendant, Part Two: An Elite Trial Attorney's Advice
What happens when a physician defendant doesn’t just “get through” litigation — but prepares for it?
In Part 2 of The Educated Defendant, host Dr. Gita Pensa sits down with the veteran trial attorney who defended Dr. Nirav Patel. (If you haven't listened to part 1, start there!)
John E. Hall, Jr. helps us unpack what made this case different. What does an experienced defense lawyer actually want f
"Reviving Fairness" in Malpractice Litigation: John Hall Returns
In this episode, host Dr. Gita Pensa sits down to continue her conversation with elite defense trial attorney, John E. Hall, Jr. His recent book, "Reviving Fairness: Defending Healthcare Heroes", outlines the shifts in the modern world of American medical liability litigation, and offers a timely call to confront the malpractice climate harming clinicians and threatening access to care.
We talk ab
The Weaponization of Punitive Damages
In this episode, we take a hard look at the growing use, and misuse, of punitive damages allegations in medical malpractice cases -- and how this trend has reshaped the practice of medicine in places like New Mexico.
What was once intended as a rare legal tool to punish truly egregious conduct is increasingly being deployed early and broadly, sometimes before the facts of a case are fully known.
I
Perfectionism in Medicine and Litigation
Perfectionism is one of the most underappreciated drivers of suffering in malpractice litigation, and one of the least talked about. In this episode, Dr. Gita Pensa is joined by Dr. Amna Shabbir, dual board-certified physician, Master Certified Life Coach, and TEDx speaker, to explore how the perfectionism that made us good doctors becomes our own worst enemy when we are sued.
We explore the shame
Know Your Opponent: Trends in Plaintiff's Attorney Tactics
Litigation in the U.S. is an enormous business sector. Tort costs exceeded $529 billion in 2022, rising at 7.1% annually between 2016 and 2022, outpacing both inflation and GDP growth. Medical malpractice litigation is part of this machine. The burden gets passed back to American households through higher premiums, defensive medicine, and reduced resources for care.
Your opponent in litigation is
Advanced Practice Providers (APPs) and Litigation: Starting the Conversation
Physician assistants (PAs), nurse practitioners (NPs), certified registered nurse anesthetists (CRNAs), certified nurse midwives (CNMs), and other non-physician clinicians increasingly face malpractice litigation -- sometimes along with a physician...and sometimes not.
For the purposes of education, we'll put them all under the umbrella of Advanced Practice Provider, or APP, although their roles
Medical Leadership and Litigation: Ten Steps to Changing Culture
Imagine you are a highly capable physician who saved a patient's life. You're sued over it anyway.
Actually, your hospital system is sued for it, but they need you to defend it.
You spend days preparing for deposition, then eventually many weeks preparing for trial -- not to mention the five years of stress you endured leading up to it. You miss work for days of meetings with attorneys, and then
Claims Frequency and Severity in 2026: An Interview with Robert E. White, Jr.
This month we're taking a look at the data available to physicians regarding their risk of malpractice litigation in the US.
We are typically limited to survey data, national insurance company claims data, and data from the National Practitioner Data Bank. We discuss some of the limitations of these, and our increasing appetite for more specialty-specific, geography-specific granular data, and the
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