Litigation Education: The Emotional Impact of Litigation & Peer Consultants
Foreword by Kristi Wright
As part of our service commitment to our clients, we offer a Peer Consultant program, connecting providers with peers who can guide them through the litigation process. Dr. Luisa Todd is an emergency room physician who is not only a Curi Insured, but also one of the Peer Consultants. Dr. Todd will share how a Peer Consultant can support providers throughout the litigation process as well as her journey into this role.
“Going through a medical malpractice suit is like being dropped into a foreign land where you don’t speak the language.” These words, which resonated deeply with me, were spoken by my own Curi clinician peer consultant during my lengthy and stressful malpractice suit. Her guidance was crucial in helping me navigate this uncharted territory, allowing me to emerge and continue to practice medicine.
As a group of professionals, physicians are rigorously trained and prepared to handle numerous stressful situations—running codes, enduring long shifts, performing surgeries, and delivering difficult news to a patient or their family. Through it all, we develop a protective armor. We’ve learned how to perform difficult technical and emotional tasks at work while still managing our personal lives.
While we normalize sickness and death, we often fail to normalize litigation, which is a reality of our profession. Physicians receive little formal training or support on handling medical malpractice lawsuits, yet in today’s medical climate, encountering a lawsuit is nearly inevitable.
Being named as a defendant in a malpractice lawsuit is a high-stress and vulnerable experience for a physician. Many of us feel shame and isolation. The idea that we have potentially made a mistake and harmed a patient can be devastating. This can erode our self-confidence and lead to self-doubt… are we are less capable than our colleagues? These feelings are compounded by our unfamiliarity with the legal process and what to expect.
To remain healthy and competent, physicians must receive support during litigation or unexpected outcomes. Clinician peer consultants can play a vital role in this support. Although the legal process requires confidentiality regarding the specific details of the legal case, discussing the emotional impact with your peer consultant is entirely appropriate. Curi’s peer consult program offers a safe space to explore the personal ramifications of a lawsuit, helping to normalize the experience with the support of someone who understands.
As a physician who has personally navigated a lengthy and stressful malpractice suit, I can attest that having a peer consultant was a lifeline. After I was named in my lawsuit and the case got underway, my peer consultant reached out to me. Initially, I hesitated to connect with her—how could I share my vulnerabilities with someone I didn’t know? I was unsure of the role of a peer consultant and why this resource was being offered by my insurance company. However, after our first conversation, I experienced some relief. Voicing my fears and concerns allowed me to feel less alone and alleviated the burden I had been carrying. We continued to correspond over the next 5 years, and she was available every day of my 3-week trial. As we spoke on numerous occasions we developed a friendship. and I can confidently say that without her support, I would not have managed the lawsuit as well.
Through my own personal experience, I was inspired to become a clinician peer consultant with Curi. Helping other physicians navigate the turbulent waters of malpractice suits has been incredibly rewarding. I cannot say enough about this program and the need for clinician peer consultants. We must help one another walk through this foreign land.
In our next blog, we will discuss the four elements of proof necessary for a plaintiff to prevail in a lawsuit. Kelley Marsh, a claims consultant with Curi, will explain these elements in detail.
For even more information about the litigation process, you might want to check out Dr. Gita Pensa’s podcast at this link.
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About the Author
As a peer consultant, Dr. Todd draws on personal experience from a challenging malpractice suit, during which a clinician peer consultant provided invaluable guidance. Motivated by this support, she became a Curi clinician peer consultant to help others navigate similar situations. Dr. Todd is committed to listening and offering assistance to colleagues in need.
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