The Emotional Cost
Seeing your name on the initial claim or complaint associated with alarming legal terms like negligent, below standard of care or unprofessional may cause a roller coaster of emotions: shock, anger, fear and anxiety, guilt, shame, defensiveness, wanting to give up practice and increased stress. You may feel like you have been kicked in the gut, lose sleep, get angry with staff and family, feel distracted, second guess yourself or have self-doubt. Unfortunately, those feelings can be re-experienced with every new document or communication from your lawyer about the legal matter.
A defendant health practitioner may often harbour visions of disastrous personal consequences, such as loss of reputation, desertion by patients, suspension, or deregistration. They also dread the possibility of media coverage.
Although some health practitioners cope reasonably well and are able to address the issues and leave it to the insurers to handle the matter; others go into a shell, do not want to face reality and as a result, the issues only get worse for them.
Complicating matters is that often claims and complaint resolution times and processes can be frustratingly slow (even when there is little substance to the allegations). The delays can cause more stress.
The legal process and procedures can also be difficult to understand for someone not familiar with the rules, as well as unpredictable. Added to this is the uncertainty at any stage that a case will proceed to the next step, and if so when, and what will be the outcome? The fear of the unknown causes the health practitioner further stress and to feel that he or she has no control over the events or process being faced.
The effect of a health practitioner’s stress response on the conduct of the defence
In my experience, health practitioners who do not cope well with their litigation-caused stress tend to make less than optimal defendants.
Often, as a result of their feelings, a defendant health practitioner will withdraw or go into isolation. He or she may lose perspective about the litigation. This usually then impedes the health practitioner’s ability to effectively assist in the defence of the claim or complaint during the legal process. Increased stress may also trigger dysfunctional or irrational behaviour in a defendant health practitioner. The health practitioner might, for example, lie, conceal things or even alter the clinical records. He or she may contact the plaintiff or complainant, despite having been warned not to do so.
Sometimes a defendant health practitioner may abuse alcohol or drugs in an attempt to self-medicate to alleviate his or her stress.
All of these sorts of behaviours end up laying the groundwork for additional lawsuits and complaints to the Board.
The stress of being sued or complained about sometimes also directly contributes to physical illness of the health practitioner. Tragically, if the reaction of the dentist is extreme, depression may lead to suicide.
Coping with the stress
Being named in a claim or complaint is a difficult process, but there are ways to successfully manoeuvre through this minefield. There are a number of coping strategies that can be used to counteract the stressful characteristics of litigation and complaints.
- Seek professional help if you need support, perhaps from your own general practitioner. Individual professional counselling can also be of great benefit.
- Do not self-medicate or use substances or alcohol to alleviate stress.
- Look after yourself, including exercise, eating well, and getting adequate sleep.
- Participate actively in your own defence. Educate your solicitor about the clinical matters involved on the case. Work with your solicitor to identify expert witnesses and relevant literature for your case. Working closely with your solicitor in this way can reduce feelings of helplessness and restore feelings of self-esteem, confidence, and control. Most solicitors will welcome the assistance and knowledge you can provide.
- Ask questions and stay informed about the legal process and procedure. This can be helpful in educating you about the legal system and addressing your fears and concerns about the litigation. Knowing what to expect will allow you to prepare and feel more in control, which usually diminishes anxiety.
- Talk openly about how you are feeling with your colleagues, family, friends, and medico-legal advisers. Do not isolate yourself.
- Resist taking the allegations personally. The most ethical and competent of health practitioners are sued or complained about. Remind yourself frequently that the threat of a claim or complaint is well-established occupational hazard of practicing.
Litigation is one of the most stressful events in the life of any health practitioner. But is survivable and surmountable. At the end of the process, you may be able to learn from the experience and adopt risk management strategies for the future.
The content of this article is intended to provide a general overview and guide to the subject matter. Specialist advice should be sought about your specific circumstances or situation.
