Facing Claims, Feeling Strain

In the Candello community alone, 106,000 malpractice cases were asserted between 2014 and 2023. Behind every case number is a patient—and one or more providers. With nearly one in three physicians likely to face a malpractice claim during their career, the ripple effects of litigation extend far beyond legal fees and defense strategy.

The impact on a physician’s mental health and professional identity can be profound. In some instances, the psychological strain is so intense that a defendant may be unable to adequately testify—potentially jeopardizing the case. This isn’t just a legal issue; it’s a human one, with long-term consequences for providers, teams, and institutions.

Shifting the Focus from Defense to Support

A recent Candello webinar featured Dan Shapiro, PhD, Executive Director of the Chartis Center for Burnout Solutions, and Carl Kallenberg, CRICO’s VP of Claims. Their discussion underscored the growing need to support physician defendants not only as litigants but as people going through an extremely distressing process.

Dr. Shapiro emphasizes, “One of the first things physicians learn in medical school is that you have got to learn to separate from what is in your heart from what is on your face.” Paired with stigma around seeking support, this mentality can lead to providers not showing what is going on under the surface and seeking emotional support long after initial signs of emotional distress came about.

But litigation stress isn’t like a bad shift or a tough case—it lingers, intrudes, and isolates. Left unaddressed, it can push providers to the brink of burnout or even out of practice altogether. Shapiro further explores how various psychological factors influence three distinct needs that he proposes providers have when they are defendants:

1. Orientation as to how the legal system operates 
2. Personalized mental health assessments
3. Tailored psychological approach for the individual and the legal team

Best Practices for Supporting Physician Defendants

Carl Kallenberg then explains the work that CRICO has done to support its insured providers, such as creating a private dedicated website of defendant support content, providing access to emotional support resources, litigation coaching, and internal peer support programs.

Here is what an empathetic support plan for defendants can look like:

1. Proactive Outreach

Initiate contact early. A risk manager, claims representative, or other support liaison should reach out as soon as a claim is filed to offer clarity on what is ahead, minimize uncertainty, and reinforce that the physician is not alone.

2. Emotional and Peer Support

Ensure confidential access to therapists or counselors who specialize in health care professionals. Normalize the idea that seeking support is a sign of strength—not instability. Facilitate connections with peer support groups of fellow clinicians who’ve been through the litigation process.

3. Litigation Prep and Education

Offer practical education about the process—from easily-accessible educational content, mock trials, and litigation coaches.

Tools and Resources

Here are additional resources for physician defendants and related programs:

• The Doctors Company: Litigation Resources
• MedPro Group: Claim Stories
• Physician Litigation Stress Resource Center: Resources