Be prepared: A lawsuit could happen to you

A physician with firsthand experience of the stress of being sued has teamed up with a lawyer to help other doctors cope.

By Beth Wilson, AMNews correspondent. July 11, 2005.

In 1975, Sara C. Charles, MD. was sued for medical malpractice. "I felt very strongly the need to get back into some sort of control," said Dr. Charles, a professor of psychiatry at the University of Illinois College of Medicine in Chicago.

"One way to do that was active participation in my case, working with the lawyers and helping them plan for depositions," she said.

Not only did Dr. Charles actively participate in her own case, which went to trial in 1980, but she spent more than 20 years working with physicians who have been sued and studying the effects on their professional and personal lives.

“It can be a life-changing experience,” said Dr. Charles, who wrote a book, Defendant, with her husband after the two-week trial, in which she was found not liable.

Only about 7% of lawsuits go to trial. Most of those, about 80%, result in verdicts for the physician, according to the Physician Insurers Assn. of America.

But the lengthy legal process is no cakewalk. Physicians accustomed to being in control and receiving respect suddenly find their integrity and actions called into question.

As a result, being sued is often one of the most trying events physicians face.

Dr. Charles and Paul Frisch, general counsel for the Oregon Medical Assn., wrote Adverse Events, Stress and Litigation: A Physician’s Guide. In it, Dr. Charles shares tips for managing stress and understanding emotions. Frisch describes the legal system and offers strategies. Lawsuit prevention also is discussed. AMNews talked with the authors.