#27: When You Get Sued with Laura Fortner, MD

This episode we talk with Dr. Laura Fortner, an OB/Gyn, about medical malpractice, the distress associated with it, some statistics, and how physicians can get support if needed.

Highlights:

• Statistics:
  • Average malpractice cases last around 5 years
  • ~75% of primary care will get sued
  • ~99% of surgical specialties will get sued
  • Most cases don't go to trial
  • The ones that do go to trial are usually won by the physician
• Biggest myths surrounding MedMal:
  • you cannot talk about it
  • it's normal to be sued (see statistics above)
• Definitions:
  • Litigation stress is intrusive thoughts, buffering behaviors, taking things out on spouses, etc, but still going about your day. Around 95% of physicians get this.
  • Medical Malpractice Stress Syndrome is in the DSM! It a depressive state characterized by depression, anxiety, and apathy.
• Common reactions to being sued:
  • wanting to quit medicine
  • feeling alone and isolated
  • second guessing your decisions
  • equating this with some judgement about yourself as a doctor or a human
  • avoiding feelings about the situation
• Helpful charting tips:
  • Include your differential and plan
  • Inlcude "not limited to" for risk/benefit discussions
• The number one reason people sue is they think something has been hidden or they were not told everything about what happened and why.
  • So be honest, empathetic and open about complications
  • Patient's want to heard - so LISTEN way more than you talk when there is a complication
• If you get sued, DO NOT to a chart review or even look up related topics on Up To Date from the work computer. Everything is electronically time stamped on these systems. If you must do a Google search, do it from your home computer.
• If you get sued today:
  • Don't look at the chart until your lawyer talks to you and has a copy
  • Don't read the language in what you're served - your lawyer will help you
  • Write down the caring advice you'd give a best friend in this situation and carry it around with you. Give yourself this same advice.
  • Repeat as often as you need: "It's okay to be sued. It's normal to be sued."
  • Go to TheMedMalCoach.com for more information. There is a free mini-course and group coaching classes available. It isn't reportable, can be very anonymous, and most importantly, can give you the support you likely need in this stressful time.

If you want to work with us, visit our website: www.thewholephysician.com. We have private coaching and CME courses available. Additionally, we're happy to lecture for your institution. Sign up for our Weekly Well Check by clicking the link. The Weekly Well Check is your weekly dose of encouragement and your only access to secret insider sales on our products.

If you'd like something you can use today, download our free Top 10 Mindset Hacks for Doctors here.

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