The Defense LEAP (Litigation Education and Performance) Program

 

An eight-module video course developed by litigation stress expert Dr. Gita Pensa. Created as a step-by-step curriculum for clinicians by a trusted physician resource.

Designed to complement and enhance the efforts of MPL and defense professionals.

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Medical malpractice litigation is an unparalleled stressor for physicians. 

 

Much of this stress arises from anxiety of the unknown – most doctors were never taught much about litigation during medical training. Some distress may be linked to the medical events themselves, shame over the public accusation of negligence, or fear over the outcome of the litigation. We may even judge our own distress, if we were given the advice to ‘think of it as just business’ – and it somehow doesn’t work for us.  

Unaddressed litigation stress is known to contribute to depression, burnout, career abandonment, and even suicide. It has a tendency to spill over into our personal lives, affecting our relationships and personal health and well-being. Unprepared, fearful, or emotionally reactive defendants also do not perform as well at deposition or trial, which can negatively impact the outcome of a lawsuit. 

NAVIGATE LITIGATION WITH STRENGTH

Clinicians Can Navigate Medical Litigation with Confidence

In this program, we address the two main – and separate – goals of the effective clinician defendant:

  • To become a capable member of the defense team, gain a better understanding the legal system and their role in it, and learn how to execute that role with skill and strategy 
  • To understand, accept, and to begin to move through the emotional and psychological impact of litigation and adverse medical events

Clinician Defendants Can Be Your Greatest Asset

In this program, they’ll learn how to navigate the challenges of litigation with confidence and resilience.

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Gita Pensa, M.D., FAAEM,


is an Adjunct Associate Professor in the Department of Emergency Medicine at Brown University, and is widely recognized as one of the nation's leading experts on malpractice litigation stress and physician litigation support. After enduring litigation herself as a defendant in a twelve-year-long malpractice case, including two high-stakes jury trials, Dr. Pensa’s career took a transformative turn. Her open access podcast curriculum, "
Doctors and Litigation: The L Word" is an introduction to the practical and psychological training necessary for malpractice litigation defendants. It is now used as a teaching tool in medicine, law, and the malpractice insurance industry. Dr. Pensa works as a consultant to medical malpractice insurance companies and defense attorneys, and also has a busy practice as a well-being and performance coach for defendants in litigation. 

Dr. Pensa was the editor of the Academic Emergency Medicine journal’s monthly research podcast through 2024 and remains a managing editor at Emergency Medicine Reviews and Perspectives (EM:RAP).  She was named the EMRA (Emergency Medicine Residents' Association) National Faculty Mentor of the Year in 2018, and in 2019 she was awarded a Special Service Recognition Award from Rhode Island ACEP for “courageous public advocacy of Rhode Island Emergency Medicine Colleagues.”  In addition to traditional speaking engagements, Dr. Pensa has been featured discussing malpractice litigation on stage at the SXSW Festival, in the documentary film "A World of Hurt," and on podcasts such as "Knock Knock, Hi" with the Glaucomfleckens and The Nocturnists’ "Shame in Medicine" series. She has been a guest on Doctor Radio, and published in Time Magazine. You can find more about her at Gita Pensa, MD.

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DEFENSE LEAP: COURSE OUTLINE

MODULE 1

Introduction and Course Overview

  • Introduction and Course Overview
  • The Origins of Litigation Stress
  • The Litigation Roadmap: Getting Oriented
  • Your Two Big Goals
MODULE 2

Understanding the Legal Landscape

  • Basic “Legalese”
  • Players and Their Roles
  • Playing the Long Game
  • Introduction to the Coaching Model
MODULE 3

The Aftermath of an Adverse Event

  • The Aftermath of an Adverse Event
    • ‘Deservingness’
    • The Myth of Error-less Medicine
    • Trauma Responses and Mitigation Strategies 
  • Physician Stories and the Power of Narrative
  • Application of The Coaching Model
MODULE 4

Self-Coaching for Performance Under Pressure

  • Self-Coaching Strategies for Performance
    • Thoughts, Beliefs, Habits and The Auto-Pilot Mind
    • Common Thought Traps in Litigation
  • Approaching D-Day (Deposition)
  • The Expert Edge: Cuts Like a Knife
MODULE 5

Mastering Deposition Performance

  • Deposition Dynamics
    • Spoken and Unspoken Goals
    • Pre-deposition Preparation
    • In-the-Moment Performance Techniques 
  • Applying Self-Coaching Skills in Deposition Preparation
    • Managing Fear and Reactivity
    • Recognizing and Responding to Manipulation 
MODULE 6

Additional Legal Concepts and Personal Resilience

  • Next Level Legalese
  • Litigation as Transition and Catalyst
    • Radical Self Care
    • Relationship Maintenance and Repair
    • Course Correction Tools
MODULE 7

Settlement vs. Trial—Navigating the Next Steps

  • Settlement vs. Trial
    • Practical considerations
    • Emotional impact 
  • Overview of a Trial
  • Jury Considerations
  • Introduction to Effective Trial Testimony
MODULE 8

Integration, Reflection, and Future Choices

  • Making Sense (When it’s Not Easy to Find)
  • Remembering Your Tools: Integration and Practice
  • Love it or Leave It: Your Medical Career
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Why This Course is Important

 

Every day, clinicians provide exceptional care under intense scrutiny. When an adverse event occurs, it’s natural to feel fear and doubt. But with Dr. Pensa’s guidance, they’ll learn how to move beyond these emotions and step into a place of confidence, clarity, and control.

Dr. Pensa has been in their shoes, and her expert coaching insights combine decades of real-world experience, compassion, and strategies tailored specifically for healthcare professionals. She has become a trusted voice and effective guide for medical defendants, because she 'gets it', and she 'gets them.'

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SURVEY DATA and TESTIMONIALS for Defense LEAP:
 
Participants in a MPL Pilot Program using Defense LEAP were surveyed after completion.
On a scale from 1 (strongly disagree) to 5 (strongly agree), they gave it an outstanding average score of 4.89—essentially a near-perfect rating in believing it helped their litigation stress and empowered them to become more effective defendants.

"You can get so much out of it for relatively little time. It’s like a roadmap that will keep you from driving in circles for hours and hours."

- Physician LEAP participant

"No one teaches us how to deal with the emotional toll of litigation—until now. This program was exactly what I needed."

- Physician LEAP participant

"This program broke down the litigation process step by step, helping me understand what to expect and how to prepare effectively."

- Physician LEAP participant

By integrating Defense LEAP into your organization, you can offer an additional layer of support to every medical defendant. You’ll equip them with valuable tools and insights, so they can navigate professional liability litigation with greater competence and resilience.

Note: Organizations that license the content for use on their websites can request specific branding and an introductory video with organization-specific messaging.

Benefits for Your Defendants:

  •  Essential, vetted education on the litigation process from a trusted physician colleague
  •  Relief from the feelings of shame and isolation that often come with being sued
  •  Performance and self-coaching strategies to help them show up with confidence—well before they even begin working with their attorney in earnest
  •  CME/CNE CREDITS AVAILABLE as an additional incentive for completion

Benefits for defense teams and MPL carriers:

  • More receptive, engaged clients
  • Enhanced deposition and trial performances
  • Potential for superior legal outcomes

All for less than the cost of one hour of expert case review per user.


If you've ever had to settle a case, despite good medical care, because the clinician defendant was unable to handle the emotional rigors of deposition or trial – then you can understand the value of early intervention.

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