In a June 5 article published by Medscape, author Maricio Chavero, MD, outlines the deleterious effects lawsuits can have on physicians and their practices — and how to manage them.
Here are six takeaways from the article:
1. In a review conducted in India in 2024 that “explored the intersection of terms such as negligence, malpractice, litigation and consequences,” researchers analyzed 17 relevant articles, ultimately finding that legal cases involving healthcare professionals result in severe negative emotional impact.
“Not only can these situations lead to stress and guilt, but in extreme cases, they have even been associated with suicide,” Dr. Chavero writes. The authors of the review concluded that more research is needed in order to improve understanding of how lawsuits affect health professionals.
2. Dr. Chavero also cites Albert Wu, MD, a professor of health policy and management at Johns Hopkins Bloomberg School of Public Health in Baltimore. In 2000, Dr. Wu coined the term “second-victim syndrome,” which describes a condition experienced by healthcare professionals who have made a medical error and suffer psychological trauma as a result.
Dr. Chavero notes that while this phenomenon is not the same as stress resulting from a medical negligence case, it demonstrates that both errors and legal issues can harm medical professionals’ mental health. The symptoms of second-victim syndrome include emotional distress, cognitive disruptions and burnout, which can increase the likelihood of future errors.
3. A 2009 article outlined the natural course of recovery from second-victim syndrome, which included six phases:
- Chaos and response to the incident;
- Intrusive reflections;
- Restoring personal integrity;
- Enduring the inquisition;
- Receiving emotional first aid; and
- Moving forward.
4. “Today, it is increasingly likely that healthcare professionals will, at some point, face legal proceedings related to medical negligence,” Dr. Chavero writes. “This makes it all the more important to understand the emotional toll of these processes and how to respond to them.”
5. He contends that while it is vital for hospitals and medical practices to hold morbidity and mortality conferences, wherein clinicians’ decisions are reviewed and openly analyzed, these discussions do not sufficiently address the emotional and psychological impact on the physicians involved.
“It is crucial that we continue discussing clinical errors within healthcare institutions while ensuring these conversations do not further heighten emotional distress for the people involved,” he writes. “These meetings should not feel like an inquisition.”
6. In his concluding remarks, Dr. Chavero notes that making “general recommendations” is difficult, as each case is different. However, he does offer some initial steps for physicians dealing with the stress of litigation.
“My first recommendation is to seek psychological support,” he writes. “The second is to obtain medical liability insurance, especially because many malpractice cases are handled in civil court and carry financial consequences. If we can reduce the fear of losing our assets through proper insurance, that may help alleviate some of the stress of being involved in legal proceedings.”
