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

Malpractice: an officer of the court

Brian Sayers, MD
Physician
April 20, 2022
Share
Tweet
Share

Tony (not his real name) was one of those patients who came to be a friend. I was his doctor for 11 years, guiding him through some very difficult times with a chronic autoimmune disease. He was a handyman, a fly fisherman, a husband, a father and a man of deep faith.

His condition was difficult to control, but he always offered a smile as he patiently and hopefully waded through a series of treatments through the years. I’m a terrible fisherman, and neither of the two necessary traits (patience and reading the water) comes naturally to me. But it didn’t keep him from giving me flies that he had tied himself, even giving me a handmade bamboo fly rod that to this day sits in my study unused but treasured.

One afternoon, my receptionist urgently pulled me out of an exam room, concerned. “There’s a man in the waiting room, a deputy or something, and he wants to see you … he has some papers.” To this day, I’m not sure who or what he was other than a messenger of misery. I suppose he was a constable. He handed me the papers, and I vaguely remember a badge, a gun that seemed entirely unnecessary and a decidedly unsympathetic look, a preview of the stress and self-doubt that the coming months would bring.

I hadn’t seen Tony for quite a while, and it turned out that he had been diagnosed and quickly passed away with an aggressive malignancy that a plaintiff’s attorney seemed pretty sure several of my colleagues and I should have divined, even in the absence of any signs of it when last seen. This was some years back, in the era before tort reform in Texas, an era where hardly anyone knew a physician who had not been sued at least once. Now it was my turn.

If you haven’t been through it, it’s hard to understand the emotions you go through during malpractice litigation.

In some ways, it attacks the very core of who you are as a physician — an accusation that you are doing exactly the opposite of what you swore an oath to do and spent all those years training to do well. There was a strong sense of injustice, as I knew I had really done nothing wrong. I was forbidden by counsel to discuss it with friends or colleagues, adding an unhealthy serving of isolation to a plate full of shame and anger. To complicate matters, even more, I was simultaneously grieving a man who I considered a generous friend. After a year of silent anguish, second-guessing myself and being suspicious of patients I once felt at ease with, I was as unceremoniously dropped from the suit as I had frivolously been added in the first place. There was a tremendous but profoundly incomplete sense of relief. Now even two decades later, I still recall those emotions clearly, even as I ironically still treasure the fly rod Tony gave me.

As physicians, we are called on to be many things by patients and by ourselves.

Compassionate, competent, vigilant, intelligent, patient, available, and when lives are in the balance, perhaps even perfect.

Litigation, deserved and undeserved, remains a constant threat lurking behind any mistake or just bad luck, but fortunately not as much as some years back. This extreme kind of judgment against us has to some extent, been replaced by 100 smaller cuts that we face from criticism from patients or their families, online reviews, peer review, insurance authorization denials, peer to peer reviews, colleagues, employers, practice managers and at times, most damaging of all, from ourselves.

Some of these criticisms are well-deserved, even constructive, and are to be carefully considered as teaching moments, while others are simply based on bureaucracy, greed, frustration, or just nastiness. All of them challenge our deep and ultimate calling to bring compassion and love, along with our talents, to each and every interaction with our patients. We have to be careful, through self-reflection and support from colleagues and loved ones, that this type of criticism does not harden us over time in a way that causes us to lose the compassionate calling that a younger version of ourselves set out to pursue all those years ago.

Brian Sayers is a rheumatologist.

Image credit: Shutterstock.com

Prev

The horror of darkened hearts

April 20, 2022 Kevin 0
…
Next

Done with COVID? Not so fast.

April 20, 2022 Kevin 0
…

ADVERTISEMENT

Tagged as: Malpractice

Post navigation

< Previous Post
The horror of darkened hearts
Next Post >
Done with COVID? Not so fast.

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

More by Brian Sayers, MD

  • Physician Suicide Awareness Day: a call to action against the silent epidemic

    Brian Sayers, MD
  • Unlearning our habits: a journey from intelligence to wisdom

    Brian Sayers, MD
  • An awkward conversation with a friend might just save someone’s life

    Brian Sayers, MD

Related Posts

  • Understanding consent-to-settle in your malpractice insurance policy

    Jennifer Wiggins
  • A physician’s addiction to social media

    Amanda Xi, MD
  • Medical malpractice: Don’t let the minority define us

    Shah-Naz H. Khan, MD
  • Malpractice claims from the COVID-19 pandemic: more questions than answers

    Robert E. White, Jr. & The Doctors Company
  • Will the Supreme Court destroy the Affordable Care Act?

    Robert Laszewski
  • Malpractice may be negative, but its data can generate positive results

    David L. Feldman, MD, MBA

More in Physician

  • Why the physician shortage may be our last line of defense

    Yuri Aronov, MD
  • 5 years later: Doctors reveal the untold truths of COVID-19

    Arthur Lazarus, MD, MBA
  • The hidden cost of health care: burnout, disillusionment, and systemic betrayal

    Nivedita U. Jerath, MD
  • Why this doctor hid her story for a decade

    Diane W. Shannon, MD, MPH
  • When errors of nature are treated as medical negligence

    Howard Smith, MD
  • The hidden chains holding doctors back

    Neil Baum, MD
  • Most Popular

  • Past Week

    • The silent toll of ICE raids on U.S. patient care

      Carlin Lockwood | Policy
    • Why does rifaximin cost 95 percent more in the U.S. than in Asia?

      Jai Kumar, MD, Brian Nohomovich, DO, PhD and Leonid Shamban, DO | Meds
    • Why recovery after illness demands dignity, not suspicion

      Trisza Leann Ray, DO | Physician
    • Why medical students are trading empathy for publications

      Vijay Rajput, MD | Education
    • Addressing the physician shortage: How AI can help, not replace

      Amelia Mercado | Tech
    • Avarie’s story: Confronting the deadly gaps in food allergy education and emergency response [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • What’s driving medical students away from primary care?

      ​​Vineeth Amba, MPH, Archita Goyal, and Wayne Altman, MD | Education
    • How scales of justice saved a doctor-patient relationship

      Neil Baum, MD | Physician
    • A faster path to becoming a doctor is possible—here’s how

      Ankit Jain | Education
    • Make cognitive testing as routine as a blood pressure check

      Joshua Baker and James Jackson, PsyD | Conditions
    • How dismantling DEI endangers the future of medical care

      Shashank Madhu and Christian Tallo | Education
    • The broken health care system doesn’t have to break you

      Jessie Mahoney, MD | Physician
  • Recent Posts

    • Avarie’s story: Confronting the deadly gaps in food allergy education and emergency response [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why the physician shortage may be our last line of defense

      Yuri Aronov, MD | Physician
    • 5 years later: Doctors reveal the untold truths of COVID-19

      Arthur Lazarus, MD, MBA | Physician
    • The hidden cost of health care: burnout, disillusionment, and systemic betrayal

      Nivedita U. Jerath, MD | Physician
    • What one diagnosis can change: the movement to make dining safer

      Lianne Mandelbaum, PT | Conditions
    • Why this doctor hid her story for a decade

      Diane W. Shannon, MD, MPH | Physician

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

Leave a Comment

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

ADVERTISEMENT

ADVERTISEMENT

ADVERTISEMENT

  • Most Popular

  • Past Week

    • The silent toll of ICE raids on U.S. patient care

      Carlin Lockwood | Policy
    • Why does rifaximin cost 95 percent more in the U.S. than in Asia?

      Jai Kumar, MD, Brian Nohomovich, DO, PhD and Leonid Shamban, DO | Meds
    • Why recovery after illness demands dignity, not suspicion

      Trisza Leann Ray, DO | Physician
    • Why medical students are trading empathy for publications

      Vijay Rajput, MD | Education
    • Addressing the physician shortage: How AI can help, not replace

      Amelia Mercado | Tech
    • Avarie’s story: Confronting the deadly gaps in food allergy education and emergency response [PODCAST]

      The Podcast by KevinMD | Podcast
  • Past 6 Months

    • What’s driving medical students away from primary care?

      ​​Vineeth Amba, MPH, Archita Goyal, and Wayne Altman, MD | Education
    • How scales of justice saved a doctor-patient relationship

      Neil Baum, MD | Physician
    • A faster path to becoming a doctor is possible—here’s how

      Ankit Jain | Education
    • Make cognitive testing as routine as a blood pressure check

      Joshua Baker and James Jackson, PsyD | Conditions
    • How dismantling DEI endangers the future of medical care

      Shashank Madhu and Christian Tallo | Education
    • The broken health care system doesn’t have to break you

      Jessie Mahoney, MD | Physician
  • Recent Posts

    • Avarie’s story: Confronting the deadly gaps in food allergy education and emergency response [PODCAST]

      The Podcast by KevinMD | Podcast
    • Why the physician shortage may be our last line of defense

      Yuri Aronov, MD | Physician
    • 5 years later: Doctors reveal the untold truths of COVID-19

      Arthur Lazarus, MD, MBA | Physician
    • The hidden cost of health care: burnout, disillusionment, and systemic betrayal

      Nivedita U. Jerath, MD | Physician
    • What one diagnosis can change: the movement to make dining safer

      Lianne Mandelbaum, PT | Conditions
    • Why this doctor hid her story for a decade

      Diane W. Shannon, MD, MPH | Physician

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

Leave a Comment

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

Loading Comments...