Skip to content
  • About
  • Contact
  • Contribute
  • Book
  • Careers
  • Podcast
  • Recommended
  • Speaking
  • All
  • Physician
  • Practice
  • Policy
  • Finance
  • Conditions
  • .edu
  • Patient
  • Meds
  • Tech
  • Social
  • Video
    • All
    • Physician
    • Practice
    • Policy
    • Finance
    • Conditions
    • .edu
    • Patient
    • Meds
    • Tech
    • Social
    • Video
    • About
    • Contact
    • Contribute
    • Book
    • Careers
    • Podcast
    • Recommended
    • Speaking

Emotionally supporting physicians sued for malpractice

Jock Hoffman
Physician
June 6, 2011
Share
Tweet
Share

A physician or nurse who receives a Summons and Complaint regarding a medical malpractice suit also receives pointers about whom to talk to, what to say, what not to say, and whom not to talk to. Despite some emphatic precautions, the appropriate advice to those malpractice defendants is not strictly “shut up and lawyer up.”

To help defendant clinicians cope, the answer to “Who can I talk to about a malpractice claim against me?” must be split between a) the details of the event at the center of the allegation, i.e., the patient, other providers, clinical decisions; and b) how being sued makes you feel, affects your ability to concentrate, or impacts the way you now practice medicine.

Case specifics

From a legal standpoint, physicians, nurses, and others named in a malpractice claim or lawsuit are advised to limit conversation about case details to settings with either peer review protection or defense team privileges (the latter comprising your risk manager, malpractice insurance representative, and the lawyers assigned to your case). Discussing case details with practice partners, colleagues, or other clinicians named in the same case, puts you—and those you spoke with—at risk of having to share such conversations with the plaintiff’s attorney. And never try to “set the record straight” by contacting the plaintiff’s attorney directly.

Emotional impact

Discussions with family, friends, colleagues or professional counselors, about the emotional and professional impact of being sued (minus any case specifics) are inconsequential to the plaintiff and, by and large, seen as a healthy tactic in reducing the stress of the malpractice case from your subsequent day-to-day activities. When the case is weighing on your mind, relieving some of that burden will likely benefit you, your family, and your patients. Just don’t share the details.

Sharing the lessons

Once a malpractice case has been resolved, many sued caregivers see value in publicly sharing their experience with physician and nurse colleagues. Those whose cases were resolved outside the courtroom seek an opportunity to tell their side of the story. Others want to demystify the litigation experience for their peers, and some just want to use their personal experience to reinforce key tenets of patient safety. Education programs that feature such personal accounts are well received by empathetic clinicians, often with many questions to help them understand how they should respond, should they ever be in their colleague’s shoes. CRICO has developed thoughtful answers to many of these questions, including:

  • What happens if I ignore a Summons and Complaint?
  • What should I say to a patient who is suing me?
  • Why do some cases settle before trial?

For a defendant in an active malpractice case, having the right advice at the right time can make a significant difference in their lives beyond the case. And that’s worth talking about.

 

Jock Hoffman is the Patient Safety Education Program Director for CRICO, the malpractice insurance provider for physicians and hospitals affiliated with Harvard Medical School.

 

Submit a guest post and be heard on social media’s leading physician voice.

Prev

How Susan G. Komen for the Cure affects other cancer non-profits

June 6, 2011 Kevin 11
…
Next

Implications of the placebo effect for physicians

June 6, 2011 Kevin 8
…

Tagged as: Malpractice

Post navigation

< Previous Post
How Susan G. Komen for the Cure affects other cancer non-profits
Next Post >
Implications of the placebo effect for physicians

ADVERTISEMENT

More by Jock Hoffman

  • Medication errors haven’t gone away

    Jock Hoffman
  • Doctors, stay safe: The malpractice implications of social media

    Jock Hoffman
  • a desk with keyboard and ipad with the kevinmd logo

    Why always saying yes could be dangerous for you and your patient

    Jock Hoffman

More in Physician

  • Why Canada is losing its skilled immigrant doctors

    Olumuyiwa Bamgbade, MD
  • Why doctors are reclaiming control from burnout culture

    Maureen Gibbons, MD
  • Why screening for diseases you might have can backfire

    Andy Lazris, MD and Alan Roth, DO
  • Why “do no harm” might be harming modern medicine

    Sabooh S. Mubbashar, MD
  • International doctors blocked by visa delays as U.S. faces physician shortage

    Arthur Lazarus, MD, MBA
  • How I redesigned my life as a physician without abandoning medicine

    Ben Reinking, MD
  • Most Popular

  • Past Week

    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • How community paramedicine impacts Indigenous elders

      Noah Weinberg | Conditions
    • Why Canada is losing its skilled immigrant doctors

      Olumuyiwa Bamgbade, MD | Physician
    • How to speak the language of leadership to improve doctor wellness [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • Why tracking cognitive load could save doctors and patients

      Hiba Fatima Hamid | Education
    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • What the world must learn from the life and death of Hind Rajab

      Saba Qaiser, RN | Conditions
    • How medical culture hides burnout in plain sight

      Marco Benítez | Conditions
  • Recent Posts

    • Why Canada is losing its skilled immigrant doctors

      Olumuyiwa Bamgbade, MD | Physician
    • Why doctors are reclaiming control from burnout culture

      Maureen Gibbons, MD | Physician
    • Would The Pitts’ Dr. Robby Robinavitch welcome a new colleague? Yes. Especially if their initials were AI.

      Gabe Jones, MBA | Tech
    • Why medicine must stop worshipping burnout and start valuing humanity

      Sarah White, APRN | Conditions
    • Why screening for diseases you might have can backfire

      Andy Lazris, MD and Alan Roth, DO | Physician
    • How organizational culture drives top talent away [PODCAST]

      The Podcast by KevinMD | Podcast

Subscribe to KevinMD and never miss a story!

Get free updates delivered free to your inbox.


Find jobs at
Careers by KevinMD.com

Search thousands of physician, PA, NP, and CRNA jobs now.

Learn more

View 9 Comments >

Founded in 2004 by Kevin Pho, MD, KevinMD.com is the web’s leading platform where physicians, advanced practitioners, nurses, medical students, and patients share their insight and tell their stories.

Social

  • Like on Facebook
  • Follow on Twitter
  • Connect on Linkedin
  • Subscribe on Youtube
  • Instagram

ADVERTISEMENT

  • Most Popular

  • Past Week

    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • How community paramedicine impacts Indigenous elders

      Noah Weinberg | Conditions
    • Why Canada is losing its skilled immigrant doctors

      Olumuyiwa Bamgbade, MD | Physician
    • How to speak the language of leadership to improve doctor wellness [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • Why tracking cognitive load could save doctors and patients

      Hiba Fatima Hamid | Education
    • Why are medical students turning away from primary care? [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why “do no harm” might be harming modern medicine

      Sabooh S. Mubbashar, MD | Physician
    • Here’s what providers really need in a modern EHR

      Laura Kohlhagen, MD, MBA | Tech
    • What the world must learn from the life and death of Hind Rajab

      Saba Qaiser, RN | Conditions
    • How medical culture hides burnout in plain sight

      Marco Benítez | Conditions
  • Recent Posts

    • Why Canada is losing its skilled immigrant doctors

      Olumuyiwa Bamgbade, MD | Physician
    • Why doctors are reclaiming control from burnout culture

      Maureen Gibbons, MD | Physician
    • Would The Pitts’ Dr. Robby Robinavitch welcome a new colleague? Yes. Especially if their initials were AI.

      Gabe Jones, MBA | Tech
    • Why medicine must stop worshipping burnout and start valuing humanity

      Sarah White, APRN | Conditions
    • Why screening for diseases you might have can backfire

      Andy Lazris, MD and Alan Roth, DO | Physician
    • How organizational culture drives top talent away [PODCAST]

      The Podcast by KevinMD | Podcast

MedPage Today Professional

An Everyday Health Property Medpage Today
  • Terms of Use | Disclaimer
  • Privacy Policy
  • DMCA Policy
All Content © KevinMD, LLC
Site by Outthink Group

Emotionally supporting physicians sued for malpractice
9 comments

Comments are moderated before they are published. Please read the comment policy.

Loading Comments...