Surviving Medicine’s Hidden Trauma: How Dr. Gita Pensa’s Malpractice Lawsuit Became a Blueprint for Helping Other Doctors

Key Podcast Moments

• Common Mistakes Doctors Make After Being Sued and How to Avoid Them Learn the first steps every physician should take after being served and the pitfalls that can make a lawsuit even worse.
• How Malpractice Litigation Drives Defensive Medicine Explore how the fear of lawsuits shapes medical decision-making, from unnecessary tests to changes in patient care.
• What Every Physician Should Know About Malpractice Coverage Understand the essentials of malpractice insurance, including critical state-by-state differences that can protect—or expose—you.
• Reforms That Could Make Malpractice More Fair for Patients and Doctors Hear about innovative models, like the Michigan Model, that aim to balance accountability, transparency, and healing.
• Why Finding Support and Breaking the Silence Matters Discover why isolation makes litigation more damaging and how peer support and open conversations can help physicians survive and recover.

Dr. Gita Pensa is an emergency physician who knows what it feels like when medicine turns against you. After being named in a malpractice lawsuit that dragged on for 12 years and included two jury trials, she emerged not just with scars but with a mission: to expose the hidden trauma that litigation inflicts on physicians and to help her colleagues survive it. Today, she’s a nationally recognized advocate and educator, teaching doctors how to navigate the legal system without losing their sense of identity or humanity.

On this episode of How I Doctor, Dr. Graham Walker talks with Gita about the moment she was served, the isolation that follows, and why lawsuits can feel like a second trauma for clinicians. From defensive medicine to malpractice coverage to innovative reforms, Gita shares both personal lessons and practical advice offering doctors a roadmap for surviving litigation and coming out stronger on the other side.

We’ve put together a companion resource designed to support you beyond the episode. The Physician’s Guide to Surviving Medical Malpractice brings together expert strategies, peer support networks, and practical checklists so you’ll know exactly what to do if you’re ever sued. It’s a practical, physician-focused roadmap for navigating one of the hardest challenges in medicine.

The Physician’s Guide to Surviving Medical Malpractice

Nearly every U.S. physician will face a malpractice claim at some point in their career—but few are truly prepared for the legal, professional, and emotional fallout. This guide brings together the best resources, checklists, and support networks to help doctors understand malpractice risks, navigate insurance, and know exactly what to do if they’re sued. More than just legal strategy, it also addresses the psychological toll of litigation and connects you with the peers, training, and experts who can help you survive—and even grow—through medicine’s hidden trauma.