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Doctors and Litigation: The L Word
Description

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, with the voices of doctors who have been through it. Music by @BenJamin Banger. Learn more about creator Gita Pensa M.D. at doctorsandlitigation.com Also available on Apple Podcasts and Spotify

Episodes
  • 2025 / 2 / 16
    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...

  • 2025 / 1 / 30
    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...

  • 2024 / 12 / 29
    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...

  • 2024 / 11 / 27
    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...

  • 2024 / 10 / 28
    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...

  • 2024 / 9 / 28
    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...

  • 2024 / 8 / 25
    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,...

  • 2024 / 7 / 18
    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...

  • 2024 / 7 / 11
    '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...

  • 2024 / 6 / 14
    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...

  • 2024 / 5 / 7
    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...

  • 2024 / 4 / 4
    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...

  • 2024 / 3 / 9
    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...

  • 2024 / 2 / 8
    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...

  • 2023 / 5 / 10
    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...

  • 2022 / 4 / 11
    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...

  • 2020 / 4 / 5
    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...

  • 2020 / 3 / 13
    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...

  • 2020 / 1 / 20
    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...

  • 2019 / 12 / 14
    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....

  • 2019 / 10 / 30
    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...

  • 2019 / 9 / 25
    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...

  • 2019 / 9 / 11
    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...

  • 2019 / 7 / 24
    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...

  • 2019 / 6 / 15
    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...

  • 2019 / 5 / 9
    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,...

  • 2019 / 4 / 6
    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...