The majority of physicians will be sued during their career, yet the topic is largely taboo. This podcast for physicians and other healthcare workers discusses malpractice litigation, litigation stress, and the impact on the US healthcare workforce. You'll learn from doctors who have been through it, as well as defense attorneys and trial consultants. Music by @BenJamin Banger.
Learn more about creator Gita Pensa M.D. at doctorsandlitigation.com
Disclaimer: this podcast is informational and educational, but it is not directive legal or medical advice. Always defer to the advice of your own attorney, mental health professional, or doctor. This podcast does not reflect the opinions of Dr. Pensa's employers or Brown University.
Latest episodes
Showing 20 · updated from the feed
Criminal Investigations in Healthcare: Advice From Attorneys
In this podcast, we revisit the world of criminal investigations in healthcare.
Medical malpractice litigation falls under the umbrella of civil litigation, but there ar
Oct 20 43 min
Claims Frequency and Severity in 2026: An Interview with Robert E. White, Jr.
This month we're taking a look at the data available to physicians regarding their risk of malpractice litigation in the US.
We are typically limited to survey data, nat
Sep 22 49 min
Medical Leadership and Litigation: Ten Steps to Changing Culture
Imagine you are a highly capable physician who saved a patient's life. You're sued over it anyway.
Actually, your hospital system is sued for it, but they need you to d
Aug 17 35 min
Advanced Practice Providers (APPs) and Litigation: Starting the Conversation
Physician assistants (PAs), nurse practitioners (NPs), certified registered nurse anesthetists (CRNAs), certified nurse midwives (CNMs), and other non-physician clinician
Jul 19 36 min
Know Your Opponent: Trends in Plaintiff's Attorney Tactics
Litigation in the U.S. is an enormous business sector. Tort costs exceeded $529 billion in 2022, rising at 7.1% annually between 2016 and 2022, outpacing both inflation a
Jun 15 1 h 00 min
Perfectionism in Medicine and Litigation
Perfectionism is one of the most underappreciated drivers of suffering in malpractice litigation, and one of the least talked about. In this episode, Dr. Gita Pensa is jo
May 18 51 min
The Weaponization of Punitive Damages
In this episode, we take a hard look at the growing use, and misuse, of punitive damages allegations in medical malpractice cases -- and how this trend has reshaped the p
Apr 16 46 min
"Reviving Fairness" in Malpractice Litigation: John Hall Returns
In this episode, host Dr. Gita Pensa sits down to continue her conversation with elite defense trial attorney, John E. Hall, Jr. His recent book, "Reviving Fairness: Defe
Mar 19 45 min
The Educated Defendant, Part Two: An Elite Trial Attorney's Advice
What happens when a physician defendant doesn’t just “get through” litigation — but prepares for it?
In Part 2 of The Educated Defendant, host Dr. Gita Pensa sits down w
Feb 19 25 min
The Educated Defendant: An Attorney's Best Asset
THIS EPISODE is a must-listen for anyone facing, or fearing, litigation. (And their attorneys.)
Host Dr. Pensa interviews radiologist Dr. Nirav Patel about his extraordi
Jan 18 55 min
Malpractice Litigation and Advocacy
This month we take a high level view of the landscape of 'tort reform' in the US (and what does that even mean?)
Physician-lawyer Dr. Shilpa Mathew, MD JD, walks us thro
Dec 16 2025 55 min
The Blame Game: Finger Pointing in Charting and Litigation
REMEMBER: Use code LEAP100 until December 1st, 2025, to get 100$ off of the LEAP for Clinicians course! Eligible for 16 Category 1 CME/CNE Credits. Learn the essential mi
Nov 16 2025 44 min
Communication After Catastrophe
Welcome to Season 3 of Doctors and Litigation: The L Word!
We start off with an update on the LEAP Course (Litigation Education and Performance) -- sign up from now thro
Oct 13 2025 40 min
Conversation With a Plaintiff's Attorney: Finding Common Ground
In this episode (the last of Season Two), Dr. Pensa sits down to speak with a plaintiff's attorney.
However, her guest, Chad Englehardt, is not your average plaintiff's
Jun 21 2025 1 h 02 min
DOJ vs. Doctor: One Physician's Victory
Following up after episode 15, "What to Know When the Government Comes Knocking," Dr. Pensa interviews a physician who went up against the US Department of Justice -- and
May 17 2025 27 min
What You Should Know When The Government Comes Knocking
The Department of Justice is waging a war on healthcare fraud, and sometimes even well-meaning doctors can get swept up in it. Today's interview with healthcare law attor
Apr 19 2025 45 min
Gotta Have (Good) Faith...and Beware the 'Lizard's Tail'
When an insurance company is accused of acting in bad faith, it's alleged that they failed to act fairly and reasonably in handling a claim -- often related to not agreei
Mar 23 2025 45 min
Beyond Blame: Richard Boothman and a Transformative Approach to Adverse Events
If you’ve ever felt frustrated by the fear-driven legal landscape of medicine, this conversation will change the way you think about liability and the future of patient s
Feb 16 2025 53 min
LEAP: Litigation Education and Performance
The first LEAP (Litigation Education and Performance) Course for Clinicians will run from March 17th through June 2nd, 2025.
This is a hybrid online course, 1 h/week sel
Jan 30 2025 9 min
Mistakes to Avoid: An Expert Medical Expert's Take
In this episode we have a conversation with surgeon and longtime expert witness Dr. Stephen Cohen, who wants to tell you about common mistakes he's seen physician defenda
Dec 29 2024 37 min
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Chart positions
Where Doctors and Litigation: The L Word ranks today in each Apple Podcasts chart (US, Oct 29, 2026).
A curated, balanced selection of Apple Podcasts reviews.
I love this podcast and thank you Gita so much for doing it. you’re really brave to take on something that can easily feel devastating and overwhelming. I remember when it happened to me once as a spurious claim and was in small claims court. The guy was hoping for a quick payday but my insurer took it very seriously and we had an excellent expert reviewer. The court and legal process felt totally overwhelming and bewildering. And scary at the same time; it turns out that the plaintiff had no basis, but furthermore had no expert witness. Therefore it was thrown out right at the start. However, the whole process is confusing and we are never trained or even talk about it. Gita Reviews the culture of secrecy and also perfection in Medicine how that contributes to shame. I recommend any one in Medicine listen to this. It’s a truism that at one point in your career you’ll be sued. You’ll have embezzlement and prescription fraud. It’s better to go into it with eyes wide open and prepared because it’s like visiting another country when the litigation process starts. This gives you a roadmap and gives you the mindset to succeed.
LouisaFanconi · May 2026
This podcast is a MUST listen for everyone in healthcare especially doctors. Lawyers in this field should really listen too. This system is failing everyone and I’m so glad Gita is shedding light on this! And the toll it’s taking on doctors.
Kismetsglow · Sep 2025
Content is well researched, easy to follow, and thematically grouped, making this a terrific resource. As others have mentioned, the loud background music is distracting and sometimes competes with guest or host audio.
Studentqwerty · Jun 2025
Every episode is amazing and every single word so important, for all people, not only physicians - although it should be required in medical school for all future docs. Dr Pensa actually accomplishes her goal, which seems impossible- to empower us physicians, prepare us, and teach us how to play the “game”, and also makes it easy. This is the messaging we need more of in all walks of life, and just the support and validation from hearing about so many amazing accomplished people does so much to lift spirits, empower, and enable us to make the most out of life and also be the best physicians we can be without fear, something the system makes very difficult otherwise. I wish I could give it 100 stars!
Ida Teberian MD · Jan 2025
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Here you find the Apple Podcasts chart positions of Doctors and Litigation: The L Word, its latest episodes to listen to directly, and reviews from listeners. Rankings are updated daily for the United States.
