Share this Article
Managing the Stress of a Malpractice Lawsuit
Malpractice suits are an unfortunate reality for physicians in today’s health care landscape. According to the American Medical Association, 1 in 3 physicians will have a medical liability claim filed against them in their lifetime. More than half of respondents to a Medscape survey of 4300 physicians had faced a malpractice lawsuit. Most cases are ultimately resolved in the physician’s favor. In the survey, 39 percent of physicians who were sued said their cases were dismissed. Only two percent said the case went to trial and resulted in a verdict in the plaintiff’s favor. Here’s a link to the survey (registration to Medscape required).
While a malpractice suit does not necessarily mean a medical error was made, and whether or not the claim is warranted, the suit can take a toll both professionally and personally. Defending yourself against a malpractice claim can be very time-consuming. A third of physicians in the Medscape survey spent more than 40 hours on their defense, and three-quarters of the cases took longer than a year to resolve. This is time away from the practice and from family.
Personally being involved in a lawsuit can be distressing. Physicians report feeling inadequate, anxious, embarrassed, losing confidence, and second-guessing themselves after a malpractice suit, many calling it the worst experience of their lives. It can be very isolating — although many physicians experience a malpractice suit during their careers, most don’t like to talk about it, for fear of how they may be perceived by their colleagues or patients.
There are actions you can take to reduce your risk of a malpractice suit being filed. I’ve talked about some of these in previous blogs. And your attorney will advise you of legal steps you should take if a lawsuit is filed.
But, if you are sued for malpractice, it’s important to ensure you take care of yourself during what can be a very trying process. While you may not be able to talk about the details of the case with friends and family, finding a support network can help you deal with the stress.
Sources of support might include:
Your insurance company. When first faced with a lawsuit, you may be overwhelmed. Your insurance company can help you understand the process and what to expect. Some also provide resources, such as an with individual or peer counseling to help policyholders cope with the psychological impacts of a malpractice lawsuit.
Your family. A malpractice suit doesn’t just affect you. It can take time and emotional energy away from people who are important to you. But keeping lines of communication open about what you need and how the stress is affecting you can help your friends and family be an important source of understanding and moral support.
Self-care. Make time for yourself to engage in activities and habits that help to reduce stress in a healthy way, such as exercise you enjoy meditation, and paying attention to sleep and nutrition quality
Physician Health Services, Inc., is a confidential referral service for peer support groups, family support groups, and individual counseling and for physicians and their families experiencing difficulties, including the stresses involved in malpractice litigation.”
Unfortunately, malpractice suits are not uncommon. There are resources to help you through it. To ensure you are adequately covered, talk to an agent at Physicians Insurance, a leading broker of medical professional liability insurance.
Coverys will release a Webinar on Litigation Stress on March 14 2023. This event, a 1 hour, 1.0 AMA PRA Category 1 Credit™ education program is complimentary to policyholders. You may attend the live session at either 7 AM or 12 noon, or on-demand following the live event. The webinar will review the personal and professional ramifications of litigation stress and share valuable resources to help clinicians navigate such challenges.
UPDATED MAY 23 2023:
If you are unable to attend the live webinars or if a webinar has passed, you can still register to ensure that you are notified when the recording is available via email. As this webinar has passed you may reach out via the form on their website and be sure to specify which program you wish to register for.
