Stay involved
Throughout the litigation process — which can take three to five years — Dodge stresses the importance of being proactive in your own defense. Fight the urge to push your lawsuit out of sight and out of mind. Instead, schedule regular meetings with your attorney to keep the issue both top of mind and moving forward. “Some doctors want to avoid their attorney because who wants to acknowledge they’re involved in a lawsuit? But meeting with them is critical,” she says. “They’re going to need access to your medical records. They may need you to provide them with the instruments that were used or demonstrate the techniques you used to help defend your case.”
You can help your legal team by identifying expert witnesses in your specialty. Ideally, this is someone you studied under or a national authority on the topic in question.
Remember, too, that your attorney’s ability to defend a physician-client depends entirely on the doctor’s honest and candid communication — all of which is protected under attorney-client privilege. “Once they’ve entered into an attorney-client relationship it is absolutely important that physicians be totally frank and honest about the situation because one of the most damaging things that can occur is if that information came out as a surprise later from a different source,” says Monahan.
Nobody would ever suggest that being sued for medical malpractice will be anywhere close to a pleasant experience. But it doesn’t have to break you. Improve your odds of winning a favorable judgment (and keeping your sanity) by educating yourself on what to expect. In this way, you’ll keep a sense of control during the lengthy proceedings — a critically necessary component both to deal with the situation and to ensure you can continue running a successful practice.
| Managing Medical Malpractice Stress Syndrome You interview patients to identify the source of their complaints. You carefully review their medical charts. And you guide them toward remedies to restore their health. In short, you’ve dedicated your professional life to helping others get or stay well. But if you’re sued during the course of such care, who helps you? “Just as physicians are terrible with diagnosing physical illness in ourselves, we are terrible at diagnosing stress effects in our lives,” says Louise B. Andrew, an emergency medicine physician, attorney, and litigation counselor who founded litigation stress management firm MDMentor.com in Pt. Angeles, Wash. “We can’t look at ourselves objectively. We come out of medical school feeling somehow invincible, like we’re not allowed to experience the same stress as our patients so we deny it, even if it is staring us in the face.” Andrew educates physicians throughout the country about Medical Malpractice Stress Syndrome (MMSS), sometimes called malpractice litigation stress. The term describes a set of physical and emotional symptoms many physicians experience after being served, including gastrointestinal disorders, anxiety, insomnia, chest pain, or even heart attacks. “Malpractice suits are really a blow to the heart for most doctors,” she says. Emotionally, the most common symptoms reported include feelings of shame, bitterness, sleeplessness, negative self-image, loss of appetite, and depression. Some physicians even self-prescribe medication to help them cope — a dicey decision. “Doctors often feel very isolated, like nobody cares about them or no one wants to help them or vindicate them,” explains John-Henry Pfifferling, a physician-anthropologist and founder of the Center for Professional Well-Being in Durham, N.C. All in the family MMSS symptoms wax and wane throughout the litigation process, depending on the physician’s self-esteem, his anxiety about the process, and his impression of his attorney abilities. Both predictable and unpredictable anger outbursts can occur if the doctor feels no sense of control,” says Pfifferling. “It may be directed at yourself, at your attorney, the plaintiff’s attorney, your colleagues and staff, or even your family.” What’s more, the stress of being served doesn’t just affect you. “In small towns in particular, if a news reporter gets a hold of what he or she thinks is a juicy case of malpractice and plasters your face all over the front page of the newspaper, that can result in your children being shunned by other kids in school or your spouse being shunned by others in their social groups,” says Andrew. But don’t take your frustrations out on your family, says Pfifferling. “Be open and transparent and let them know that you’re not sure how to deal with all this. Ask for their support.” What you can do Your first step, says Andrew, is to acknowledge your symptoms. The next is to give yourself permission to seek help. “This is one of the times where it’s most normal to need extra care,” she says. Allow yourself to have what you need — better nutrition, more counseling, maybe some time off. “[Do] whatever produces more ease and better balance,” says Pfifferling. Share your angst with a spouse, psychologist, attorney, or religious leader. “One of the first things your lawyer tells you is don’t talk to anyone,” says Andrew. “That’s a very destructive message.” They’re right, of course, that you can’t divulge case details to anyone who might later be called upon to recount the discussion under oath, but you can share your feelings with an appropriate person. Lastly, avoid self-medicating. If you think you need some medicinal shoring up while you go through this difficult time, consult a personal physician. Remember, emphasizes Pfifferling, this too shall pass. “Nothing can undo all of the good that you have done in your chosen profession,” he says. “This is a glitch, an intrusion, an assault. Don’t give your power away.” |
Shelly K. Schwartz, a freelance writer in Maplewood, N.J., has covered personal finance, technology, and healthcare for 12 years. Her work has appeared on CNNMoney.com, Bankrate.com, and Healthy Family magazine. She can be reached via editor@physicianspractice.com.
This article originally appeared in the October 2008 issue of Physicians Practice.
