When Doctors Get Sued: Surviving Medical Malpractice with Dr. Gita Pensa | Ep27

In this episode of Better Physician Life, Dr. Michael Hersh speaks with emergency physician Dr. Gita Pensa about what it’s actually like to be named in a malpractice lawsuit—and how to get through it without losing your footing. Drawing from her own 12-year case, Dr. Pensa explains the emotional impact most physicians aren’t prepared for, including shame, doubt, and isolation, alongside the practical realities of what to do after you’re served.They walk through early mistakes to avoid, how to protect your focus and identity while a case is ongoing, and why litigation is an unspoken part of the “fine print” of medicine. The conversation also covers how to find support without compromising your case, how to approach depositions and testimony with clarity, and why these skills can be learned—rather than endured in silence. This episode is for physicians facing litigation now, or who want to be better prepared if it ever happens.Top 3 TakeawaysWhat to Do First After Being Served: Your first call should be to your insurer or risk management team so a defense attorney can be assigned. Avoid chart access, addenda, or independent research outside of attorney–client privilege. Don’t rush to conclusions. Give yourself time to gather information and stabilize before making decisions.Managing the Psychological Hit: Shame, fear, and isolation are common responses to litigation and don’t reflect your competence as a physician. You can (and should) talk about how you’re feeling with trusted people without discussing case details. Litigation is part of medicine’s unspoken fine print. It doesn’t erase your value or your career.Focus on the Parts That Matter: For most physicians, litigation performance comes down to the deposition and, in fewer cases, trial testimony. Learning how the system works helps right-size fear and restores a sense of control. With preparation, coaching, and support, this becomes a skill set, not a personal referendum.About the Show:Created for physicians who want more than clinical competence, Better Physician Life is a space for honest reflection, reinvention, and reclaiming purpose beyond the pager. Hosted by Dr. Michael Hersh, each episode dives into the questions we didn’t learn to ask in training, offering tools and conversations to help you live and lead with intention.About the Guest:Dr. Gita Pensa is an emergency physician and adjunct associate professor at Brown University. She's the creator and host of the podcast Doctors and Litigation: The L Word, and developer of the Litigation Education and Performance (LEAP) courses used by hospitals and insurers. Drawing from her own 12-year malpractice lawsuit, she coaches physicians in active litigation and consults nationally on navigating its psychological and performance challenges.Website: https://doctorsandlitigation.comPodcast:  Doctors and Litigation: the L Word PodcastLEAP Courses: doctorsandlitigation.com/leap-coursesAbout the Host:Dr. Michael Hersh is a full-time practicing gastroenterologist, husband, father, podcaster, and physician coach at Better Physician Life Coaching. He helps physicians rediscover joy and balance by setting meaningful goals, managing stress, and feeling more present at home and less annoyed and frustrated at work.His mission is to help doctors who feel stuck in medicine create a more fulfilling life that they actually enjoy living. Through coaching and conversation, he empowers physicians to reconnect with their purpose and design a career (and life) they love.Dr. Hersh is also the creator and host of the Better Physician Life podcast: How to Get Unstuck in Your Medical Career—a show for doctors who feel out of sync or stuck, and want to explore what true success can look like beyond the exam room.🔗 Connect with Dr. Hersh:🌐 Website: www.betterphysicianlife.com🔗 LinkedIn: linkedin.com/in/michael-hersh-md📸 Instagram: @betterphysicianlife📺 YouTube: @betterphysicianlife📘 Facebook: facebook.com/betterphysicianlifecoaching📱TikTok: @betterphysicianlife If you find yourself walking through the door still stuck in work mode, check out the 5-Minute Commute Reset for Physicians.Work doesn’t end on its own. This is a short, structured reset you can use on the drive home to shut down work-mode, clear your head, and show up more present for whatever comes next.You can download it for free at: https://www.betterphysicianlife.com/commute-reset The Better Physician Life Podcast is for informational and educational purposes only and does not constitute medical, legal, or professional advice. Always consult qualified professionals regarding your personal or organizational decisions. Hosted by Simplecast, an AdsWizz company. See pcm.adswizz.com for information about our collection and use of personal data for advertising.