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Case Of The Month - Past Issues

“I’VE BEEN SUED”

By Anonymous, M.D.,
Internal Medicine,
Los Angeles County, CA

CAP Physician Litigation Support Seminar Click for Details

I had never been sued before. Opening up the official-looking letter that afternoon, I had a sudden, gut-tightening sensation. But that would be only the beginning. What I experienced over those next two years was unexpected. I would have to compare those feelings to those suffered after the loss of a loved one. Looking back, the stages of grief I learned about in medical school best explain the feelings I experienced.

DISBELIEF/SHOCK: I couldn’t believe that my patient would sue me. After all, I had seen John for years and had spent all that time with him when he became ill. At first, I didn’t want to talk about the suit with anyone. I didn’t want to let my peers know that I was being sued so I began to skip some medical meetings, trying to avoid discussions with other physicians. It was a self-imposed isolation.

ANGER: As days passed and I couldn’t get the lawsuit out of my mind, my shock turned into anger. How dare they question my training, my competence and my desire to do my best for them? The outcome John experienced was not a result of poor care, but was a manifestation of the disease. What also bothered me was all the stories I had heard about the legal system. Others told me that I would not be in control but would have to trust my attorney to navigate me through the process. “It is a game,” friends told me, “that requires special strategies and we physicians don’t even know the rules. The process is stacked against us!”

BARGAINING: I wanted to tell MY story. I knew if someone in authority would just listen to the facts, my care would speak for itself, and the case would be thrown out. I tried to tell that to the person to whom I reported the claim. Then, a few days later, when the Claims Specialist called, I tried to tell her the same thing. They all assured me that they believed what I was saying was true, but the legal process had to unfold before the case could be closed.

DEPRESSION: As the weeks turned into months, I could not help thinking about John and his incentives to file a professional liability lawsuit against me. Was this only about money or, worse, did he truly believe that I was a poor doctor and that I could have done something more? Then, other patients’ faces started to look like John. As I looked at them, I couldn’t help wondering, “Will she be the next patient to sue me if this doesn’t turn out right?” My relationship with my wife was even affected. She couldn’t understand why I was so concerned. “You did everything you could, didn’t you?” She didn’t understand that the lawsuit attacked me at my very core. “The reason I went into medicine,” I explained, “was to help people. That’s what I tried to do for John. And yet, he turned around and sued me.” My wife didn’t seem to grasp the financial implications either. If the jury voted against me, would my personal assets be at risk? Would my practice suffer? Would I incur additional costs? Who would watch the practice for three weeks while I was at the trial? All these things created a very dark cloud that seemed to hover over my head day after day.

ACCEPTANCE: It took months, but I finally came to a place of acceptance. When I finally met with my attorney, I was impressed with his knowledge. He explained the litigation process, the timeframe for it to unfold and what I could expect from him. He explained that I was his client, not the malpractice liability company, and I could expect his full dedication to my defense. It’s over now. I won my case. But, I still stop short and get a gut-tightening sensation when a strange envelope shows up in the mail.