Medical Malpractice Support Resources

Being sued for malpractice is one of the most stressful situations a pediatrician can experience. The resources below offer guidance, support, and tools to help pediatricians who may be navigating the legal process themselves or supporting a colleague through the process.  

What To Do after Being Served 

Understanding how to respond after being served with a malpractice suit can help relieve uncertainty and provide a path forward. The Pediatricians and the Law article, “Do’s and don’ts after being served with a malpractice suit,” outlines essential steps for pediatricians who have just been served. Some key takeaways include the following: 

• Take time to process the news and for self-care.
• Notify your malpractice carrier or risk management/legal department promptly.
• Avoid altering medical records or discussing the case with anyone other than your attorney. 

Preparing for Depositions 

Depositions are an important part of the discovery phase of a malpractice lawsuit. See the Pediatricians and the Law article, “Depositions 101: Preparation, professionalism key when providing testimony,” for general principles to follow when being deposed.  

For pediatricians serving as expert witnesses in medical malpractice actions, the AAP webpage, “Voluntary Expert Witness Affirmation Statement,” includes a voluntary expert witness affirmation form  and more information on providing scientific, ethical, and professional testimony. 

Support and Wellbeing Resources 

Facing a lawsuit can have a profound impact on a pediatrician’s mental and emotional health, professional confidence, and overall wellbeing. Various resources exist to help support physicians cope, including the following: 

• The Physician Litigation Stress Resource Center offers insights into the legal process and strategies to help deal with a malpractice suit.
• The Doctors and Litigation: The L Word Podcast covers malpractice litigation and litigation stress, featuring insights from physicians who have been through medical malpractice litigation.
• The AAP Physician Wellbeing Resources include materials for peer support, including access to confidential support lines, such as the Physician Support Line.  

In addition, the Pediatricians and the Law article, “Follow 5 stages of conflict resolution to improve patient care, reduce legal risks,” discusses working through conflict resolution. Further, the article, “Medical malpractice stress syndrome can affect physical, mental health,” outlines how to recognize and address the disorder in those experiencing lawsuits.  

Final Thoughts 

While lawsuits are emotionally and professionally challenging for all physicians, support is available. Pediatricians are encouraged to seek guidance and assistance to help navigate the litigation process.  

Disclaimer: This information is general in scope and educational in nature. It is not intended as legal advice. If you require legal advice, contact an attorney.