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.
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
Top 3 Takeaways:
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What 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.
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