What do physicians actually need when they find themselves on the receiving end of a malpractice lawsuit?

In this episode, I have a conversation with emergency physician, educator, speaker, coach, advocate and legal expert Dr. Gita Pensa about the reality of medical malpractice from the physician defendant’s perspective. We explore why getting sued can feel like being dropped onto another planet. Also why shame, fear, and avoidance often keep doctors from learning how the system actually works.

Gita explains how the malpractice landscape has shifted dramatically in recent years. Public trust in medicine has eroded since COVID, nuclear verdicts are increasing, and third-party investors are now funding lawsuits in pursuit of massive payouts. Meanwhile, physicians often stay silent, leaving the narrative about medicine to be shaped by media outlets, documentaries, and plaintiff attorneys who are highly organized and strategic about influencing public perception.

We also unpack a crucial misconception: a verdict or settlement does not necessarily mean bad care. Medicine operates in a world of uncertainty, yet the public expectation of perfection has never been higher. Complications, missed expectations, and true mistakes are very different things, but in courtrooms and headlines, they’re often treated as the same.

Gita shares practical insights into the litigation process, including why the deposition is one of the most important moments for a physician defendant. She also discusses the work she does helping physicians prepare for these high-stakes conversations so they can show up with clarity instead of fear.

Finally, we zoom out to the bigger picture. From legislative advocacy to improving how medicine talks publicly about risk and error, physicians need to become more informed, more strategic, and more willing to speak openly about malpractice and its consequences.

Because the truth is: if we want the system to change, we have to be willing to understand it and talk about it out loud.

Learn more about Dr. Pensa's LEAP course here.

Listen to Doctors and Litigation: The L Word podcast here. Season 3 episode 4 features Dr. Nirav Patel, the radiologist who is an example of what is possible.

Join Empowered Surgeons Group here.