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Doctors and Litigation: The L Word

Doctors and Litigation: The L Word

By: Gita Pensa MD
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About this listen

The majority of physicians will be sued during their career, yet the topic is largely taboo. This podcast for physicians discusses malpractice litigation and litigation stress, with the voices of doctors who have been through it. Music by @BenJamin Banger. Learn more about creator Gita Pensa M.D. at doctorsandlitigation.com Also available on Apple Podcasts and SpotifyCopyright 2019 All rights reserved. Hygiene & Healthy Living Physical Illness & Disease Psychology Psychology & Mental Health
Episodes
  • Conversation With a Plaintiff's Attorney: Finding Common Ground
    Jun 21 2025

    In this episode (the last of Season Two), Dr. Pensa sits down to speak with a plaintiff's attorney.

    However, her guest, Chad Englehardt, is not your average plaintiff's attorney. Chad is a highly lauded attorney, law professor, and advocate of Rick Boothman's Michigan Model (for more on that, listen to Episode 13 of Season Two.)

    We talk extensively about CRP (Communication - Resolution) programs, patient safety, and the dysfunction of our current legal system, which re-traumatizes patients and clinicians alike. If the first rule of medicine is 'First, do no harm,' then he feels the second rule in medicine, and the first in law, should be: "Do no further harm."

    We also talk a bit about third party investors and litigation funding (which we have not yet covered in the podcast, but is of great importance...we'll revisit it!)

    During the course of our conversation, Mr. Englehardt mentions two books:

    • "Win - Win" by Rebecca Sposita, Esq
    • "Gain Without Pain" by Greg Hammer, MD

    You can reach Chad via email at chad@cmtjustice.com.

    We'll be back in a few months with the start of Season Three!

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    1 hr and 2 mins
  • DOJ vs. Doctor: One Physician's Victory
    May 17 2025

    Following up after episode 15, "What to Know When the Government Comes Knocking," Dr. Pensa interviews a physician who went up against the US Department of Justice -- and won.

    Dr. Muhamad Aly Rifai is a practicing psychiatrist, boarded in psychiatry and internal medicine, who was indicted on charges of healthcare fraud by the US government in 2022, following seven years of investigation. Dr. Rifai was confident he was innocent, and confident in his billing practices -- and despite intimidation by the government, threats of imprisonment for up to 40 years, and very long odds, he refused to plead guilty to a lesser charge or settle. He won against the US Government after a 6-day trial, and is here to share what he learned in his ordeal.

    This Department of Justice press release describes the accusations against Dr. Rifai. (I feel they should update the headline!)

    After demonstrating that the case was baseless and should never have been brought to trial in the first place, along with his resounding victory in court, Dr. Rifai filed a motion for sanctions and to recoup his substantial legal fees. In the wake of that motion, one prosecuting attorney was fired, and two others have 'retired.' The motion, as of May 2025, is still in limbo.

    Dr. Rifai shares his story in an effort to educate all of us, and to empower physicians going through similar circumstances.

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    28 mins
  • What You Should Know When The Government Comes Knocking
    Apr 19 2025

    The Department of Justice is waging a war on healthcare fraud, and sometimes even well-meaning doctors can get swept up in it. Today's interview with healthcare law attorney Anthony Box will shed some light on this high stakes topic.

    Tony Box has extensive experience not only in defending doctors against government allegations -- but he also previously investigated and prosecuted these cases as a federal prosecutor and FBI agent. He knows both sides of this coin very well.

    Host Dr. Gita Pensa and Attorney Box break down the basics of what every doctor needs to know about governmental investigations and litigation.

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    45 mins
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