Malpractice litigation is a universal reality in medicine, yet it remains one of the most isolating and difficult experiences a physician will face. We break the silence with Dr. Gita Pensa, an emergency medicine physician, educator, and the creator of the groundbreaking podcast and resource platform, Doctors and Litigation & LEAP.

Drawing on her personal 12-year legal saga that involved two jury trials, Dr. Pensa shares a story of trauma, resilience, and transformation. She challenges the conventional wisdom of "don't talk about it" and offers vital, humane, and strategic advice for surgeons and all physicians on how to survive—and even grow from—the harrowing experience of being sued.

Featured:

• Hard Truths About Litigation: Dr. Pensa stresses: being sued or having an adverse outcome is not a verdict on the quality of your care. She challenges the misconception that the legal system operates based on medical logic and fairness, describing law as a "weapon" where strategy often dictates the outcome.
• The Danger of Isolation: Why advice to "not talk about it" is neither smart nor humane. She explains that physicians must be able to talk about the fact that they are being sued, their feelings, and the legal process without compromising the details of the medical care.
• The Process of Recovery and Growth: She shares her journey out of a decade-long crisis, detailing the need for both emotional processing and strategic education. She emphasizes that growth comes from having self-compassion, accepting help, and studying the legal process to become an "empowered defendant."
• The Surgeon's Struggle: Unique challenges in litigation, dealing with the direct physical cause of harm and their natural desire for control.
• Contending with Chronic Stress: Litigation is described as a "chronic disease with acute exacerbations" of terrible stress, prolonged by years of delays and uncertainty. She validates the difficulty of relinquishing control and dealing with prolonged stress, which is often compounded by feelings of guilt and responsibility.
• The Path Forward: Communication and Resolution: Learn about the power of honest and open dialogue with patients after an adverse event.

About the Guest

Dr. Gita Pensa is an emergency medicine physician practicing in Rhode Island and an Adjunct Associate Professor at the Warren Alpert School of Medicine of Brown University.

Resources:

• Doctors and Litigation: The L Word podcast and educational platform.
• A World of Hurt: How Medical Malpractice Fails Everyone: A 27-minute documentary focusing on the malpractice system and the value of Communication Resolution Programs.
• Communication Resolution Program (CRP): Models like the Michigan Model for open and honest dialogue with patients after adverse events.