HOW TO THINK ABOUT MEDICAL 
    MALPRACTICE SUITS DIFFERENTLY

HOW TO THINK ABOUT MEDICAL MALPRACTICE SUITS DIFFERENTLY

  DOCTORS ARE HUMAN TOO (Part 1): Impact of Medical Malpractice Lawsuits

In defending physicians over the years, I have learned a lot. Besides learning just enough medicine to be dangerous (mostly to myself), I have had the privilege of getting to know doctors on the most basic and raw human level. .. yes, doctors are humans too… 

I have yet to meet a physician who did not know that there was an extremely high likelihood that they will be sued at some point in their career. However, that knowledge has never softened the blow when it actually happens to them

I am not a doctor, nor do I pretend to know what is discussed (or not discussed) within the physician community. However, what is becoming all the more clear to me is that the topic relating to the toll that a medical malpractice claim takes on the doctors’ psyche, confidence, and well-being is not sufficiently addressed. More on that later…

Just the other week, I was speaking with a physician about the educational seminars that we often provide to our physician groups on various topics, including reducing the risk of litigation.  

I also mentioned my thoughts on just how destructive the process of litigation can be and the limited resources that are available to help physicians through years of litigation. 

He echoed my thoughts, describing how his litigation experience has taken him through years of a whirlwind… and not in a good way.  He shared that physicians do not get training or exposure to the legal malpractice aspects of practicing medicine during their training. This has always been mind-boggling to me. 

Last, he shared the toll that the process takes on physicians because they are told not to discuss the facts of their case with their colleagues, as there is no legal privilege that protects that communication.  

Now I have these conversations with physicians quite frequently. It is part of the daily bread and butter of my job.

But this particular doctor said something next that I do not often hear.  

In a moment of self-reflection, this young and brilliant physician, who (did I mention?) saves lives on the daily, shared that he had set his mind to find a way to create a positive takeaway from his experience.  

Instead of letting the experience take something away from him.

Now, I am usually the one who is pushing this concept (hopefully just enough) with why clients.  But as I did some reflecting on my own, I think this is the first time that a physician shared this way of thinking with me unprompted.  

And I loved everything about it.

I wish this for every physician out there.  I hope you come out of a claim stronger than before. Undeterred from continuing to practice medicine with patients’ best interests in mind versus defensive doctoring.  

I hope the process does not affect your career that you have worked so hard for.  

I also hope that it does not impact the energy you bring to your practice, in which you work so hard.  

Most importantly, I hope the process does not affect you, as a human being. And that you find a way to separate your sense of self from your role as a physician.  

Remember the important things in life. Do not let any malpractice claim take away from the most important relationships in your life, the one that you have with yourself, your family, and friends.  

Do not give it the power to diminish the bandwidth that you have to be present with those you love the most. 

Do not let it hinder your growth in life. 

In my next post, I am going to share some statistics that I hope will give you a good perspective.  

Let’s start normalizing the fact that medical malpractice lawsuits are the unfortunate occupational hazard of your job, and the fabric of today’s society.

And perhaps, we can try to have just a bit of fun talking about a topic that most want to avoid.

Gail Fiore M.A., M.S.W., B.T.T.I.,

President at Winning Focus, LLC The Forefront of Litigation Stress Coaching

2y

Bravo Christine for encouraging physicians to examine their litigation experience and to ask themselves what they learned about themself, life, etc. and further, to ask what can they take from this experience and give to others. This is healing mastery over the experience.

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