Got malpractice distress? You can help yourself survive

Seek medical or psychiatric care?

Be alert to the point at which you or others involved in litigation need a referral for medical or psychiatric consultation. Sued physicians, their families, and colleagues often experience psychiatric conditions or other problems, such as:

• major depression
• adjustment disorder
• posttraumatic stress disorder
• worsening of a previously diagnosed psychiatric illness
• physical symptoms that require diagnosis and treatment
• alcohol and drug misuse or abuse
• anxiety and distress that interfere with work
• self-medication, especially for insomnia
• disturbances and dysfunctional behaviors that affect marital and family life.^15,16

Take stock—then, it’s “steady as you go”

Most of us have stable and supportive relationships and are, for the most part, psychologically healthy and professionally competent. It is normal, however, to experience distress in response to the trauma of a bad outcome (whatever its origin) and the lawsuit that may follow. Most physicians are resilient—that is, able to manage the stress without developing major symptoms—but some benefit from professional support.

Whatever your reaction to being sued, become familiar with the climate of litigation in the jurisdiction where the case was filed, including the incidence and outcome of cases. For example, does a similar case to yours usually result in settlement or—if it goes to trial—does it take 2 to 5, or more, years to resolve?

Last, it’s a comfort to know that approximately 70% of complaints filed result in no payment (no settlement) for the plaintiff. When a case does go to trial, physicians win 80% of the time.

The challenge, then, for you when you are sued? Take an active role in managing your distress in ways that contribute to your vindication and to the continuity of care for your patients.