Claims Process — Litigation Support

Stress is an almost inevitable component of litigation. Stress results when the uncertainty and unpredictability of the litigation process is added to an injured self-esteem.

A physician survey indicates that stress has possible manifestations in the physician’s physical health that may include fatigue, anxiety, and loss of sleep. In addition, other areas affected by litigation may include income, relationships with peers, productivity, and family relationships.

While we do not mean to diminish the personal effects of litigation, it is necessary that a sense of perspective be maintained. Certainly it is important that the physician work closely with the defense team to advance handling of the case, but he or she should not let an undue amount of frustration enter into the situation. Much of what goes on in the litigation process is beyond the physician’s control, such as the timing of the trial, length of discovery, retention of experts subpoenaed by plaintiffs, and matters that we have to deal with as they occur.      

To help you deal with the stresses and anxieties of litigation, we suggest the following:

1. Make an effort to learn as much as you can about not only your case, but malpractice litigation in general. We believe that a greater degree of knowledge concerning these issues will give you more confidence and comfort. You should not treat this matter as an attack on your competence.
2. Engage in activities outside your normal practice in an effort to keep from dwelling on the litigation issues.
3. Often the most therapeutic means of reducing the stresses and anxieties are discussions with your spouse.
4. Be careful about discussions with peers concerning the specifics of the case, since this information may be discoverable; discussions with your spouse are not discoverable.
5. In addition, as a unique service to policyholders, Physicians Insurance has developed the Litigation Stress Program. In the event you become a defendant in a medical malpractice lawsuit, the Director of Physician Affairs will contact you. You can discuss your concerns with him. Since the Director of Physician Affairs is an agent of Physicians Insurance, your discussions with him are privileged communications, which are confidential.

Ronald L. Hofeldt, MD, Director of Physician Affairs, joined Physicians Insurance in 1994. He has been instrumental in establishing a strong litigation assistance program at Physicians Insurance. Dr. Hofeldt has helped to organize and conduct educational and support programs for physicians and their spouses involved in medical malpractice litigation on the topic of litigation stress management. He brings to this company his many years of experience and study on the subject of Litigation Stress Syndrome.

Need More Information? Contact our Claims Department:

Seattle: (206) 343-7300 or 1-800-962-1399

Spokane: (509) 456-5868 or 1-800-962-1398

NOTE: Do not report claims, or refer to any specific claims, by e-mail or by fax. All claims must be reported to Physicians Insurance by phone or letter. Confidentiality is essential to the claims process, and transmission of claim information through the Internet could jeopardize the confidentiality of your claim.

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