How to work and live through a malpractice lawsuit

A malpractice lawsuit can affect sleep, concentration, clinical confidence, and family life. These reactions are common. The strain often peaks when an ordinary clinical day collides with a deposition, a request from counsel, or a new court date. A clear support plan can protect your health and help you continue practicing.

Why a lawsuit causes so much stress

One physician-litigation review found periods of emotional distress in more than 95% of sued physicians. It reported symptoms of major depression in 27% to 39%. It also reported adjustment disorder in 20% to 53%.

The studies also described anger, insomnia, intrusive thoughts, guilt, and doubt about routine clinical decisions. Use these figures as historical context, not as current prevalence estimates.

Duration compounds the stress. A national study estimated that the average physician spent 50.7 months of an assumed 40-year career with an unresolved claim. Nearly 70% of that time involved claims that later closed without an indemnity payment.

Cases often alternate between quiet months and demanding events. Record each scheduled event and timing estimate where the physician and household can find it.

Give each person a clear role

Defense counsel handles legal advice and the litigation work assigned to counsel. A claims professional coordinates the insurer's work as the policy provides. Your clinician treats your health. A spouse or trusted person can help with the household.

Ask defense counsel what case facts must stay within the defense team. Get that answer before you discuss the case with anyone else. You can receive personal support without sharing patient information or legal strategy.

Use the insurer's physician-support program when available. Ask the claims professional what support the insurer or policy provides; do not assume that a support program changes coverage or confidentiality rules.

The Physician Litigation Stress Resource Center provides education created for clinicians facing litigation. Doctors and Litigation offers physician-focused educational support.

Use public resources for education and peer support.

Get clinical care when needed

Contact your clinician when sleep, anxiety, depression, substance use, or concentration affects daily life. Seeking treatment is a normal response to these symptoms.

Tell your clinician about symptoms, safety, and treatment needs.

Use urgent or emergency services for immediate safety concerns. In the United States, call or text 988 for crisis support.

Prepare the household for demanding case events

Explain the expected duration and the next scheduled event. Identify the weeks that could disrupt work, travel, child care, or sleep. Set one regular time for household updates so the case does not fill every day.

Give children simple, age-appropriate information only when the case changes their routine. Household schedule updates can cover the next case event, work, travel, child care, and sleep. Patient information and legal strategy stay with the people authorized to receive them.

Arrange practical help for depositions, medical examinations, mediation, or trial. Plan meals, transportation, patient coverage, and child care without discussing the patient or case theory.

Protect your clinical work

Most physicians continue practicing during an open claim. A complaint states an allegation. It is not a finding about professional ability.

The AMA's 2024 survey found that 28.7% of physicians reported at least one lawsuit. Most claims in the cited studies closed without payment.

Give accurate and complete information on credentialing, employment, or insurance forms. Ask counsel about litigation disclosure and the responsible insurer contact about policy questions. Neither a form nor a conversation changes the issued policy.

Do not change clinical documentation because of the lawsuit. Use prospective practice improvements through approved risk-management channels.

Ask colleagues for general workload help without sharing protected case facts. Keep sleep, exercise, medication, and scheduled health care visible during demanding weeks.

Arrange patient coverage before a deposition, medical examination, mediation, or trial. Reserve recovery time after each event.

Read what happens at a malpractice deposition before testimony. Read claims, outcomes, and prevention evidence for context about filed claims.

Most malpractice claims do not reach a verdict. The case still requires careful work. Build a plan that protects the next patient, the next legal deadline, and your health at the same time.