Terms and Conditions
Effective Date: December 17, 2025
Introduction
These Terms and Conditions ("Terms") govern your access to and use of the Site and Services provided by ‘Doctors and Litigation,’ a project of GSP5 Consulting, LLC, operated by Gita S. Pensa, MD ("we," "us," "our"). By visiting the Site, submitting information through funnels, or engaging in any coaching or educational service, you agree to be bound by these Terms.
1. Scope of Services and Important Disclaimers
1.1 Nature of Services
Doctors and Litigation provides:
- Educational content for physicians regarding malpractice litigation, adverse events, and professional resilience.
- Individual and group coaching related to mindset, emotional processing, and coping strategies during or following litigation or adverse clinical events.
- Speaking engagements, workshops, digital resources, and online programs.
These Services are not:
- Legal advice or legal representation.
- Medical care, diagnosis, or treatment.
- Psychotherapy, counseling, or a substitute for mental health care.
Engaging with our content or coaching does not create an attorney-client, physician-patient, or therapist-client relationship.
1.2 No Legal or Clinical Advice
You remain solely responsible for decisions in your legal matters and medical practice. You must consult:
- Your retained defense counsel or personal attorney for legal advice.
- Your own physician or mental health professional for diagnosis or treatment.
Any discussion of legal concepts is educational and general in nature, not tailored legal advice.
2. Eligibility and Professional Status
By using our Services, you represent and warrant that:
- You are at least 18 years of age.
- You are a licensed or trainee healthcare professional (or an allied professional working with physicians), or you are otherwise explicitly permitted to participate.
- All registration and intake information you provide is accurate and complete, and you will update it as necessary.
We may decline or terminate Services at our discretion, including when a conflict of interest or ethical concern arises (for example, if both sides of the same dispute attempt to work with us).
3. Coaching Relationship and Responsibilities
3.1 Coaching Scope
Coaching focuses on:
- Clarifying your goals and values during and after litigation.
- Developing cognitive and behavioral tools to manage stress, overwhelm, and fear.
- Supporting you in maintaining professional identity, boundaries, and self-compassion.
- Encouraging appropriate support systems (legal, clinical, personal).
Coaching does not guarantee any particular outcome in your lawsuit, board matter, or career trajectory.
3.2 Your Responsibilities
You agree to:
- Participate honestly and in good faith in sessions and programs.
- Refrain from sharing confidential patient information or violating HIPAA or institutional policies.
- Continue to follow the advice of your medical and legal professionals.
- Notify us promptly if you are in crisis, at risk of self-harm or harm to others, and seek emergency or professional help immediately (our Services are not emergency services).
4. Booking, Cancellations, and Rescheduling
- Sessions are typically scheduled through an online calendar or email coordination.
- You agree to arrive on time and in an appropriate environment to preserve confidentiality.
- Cancellations or rescheduling generally require at least 24 hours’ notice:
- Sessions cancelled or rescheduled outside that window may be charged the full fee.
- Exceptions may be made at our sole discretion for emergencies.
- If we must cancel or reschedule, we will attempt to provide reasonable notice and offer alternatives.
5. Fees, Payments, and Refunds
- Fees for coaching, programs, and services will be clearly presented at checkout or in your agreement.
- Payment is typically due at the time of booking or enrollment and may be processed by third-party payment processors.
- You authorize us and our payment providers to charge the payment method you provide.
- Unless otherwise stated in writing, all fees are non-refundable once Services have begun or digital content has been delivered.
- For multi-session packages, unused sessions may expire after a certain time frame (usually 6 months); details will be included in your specific offer terms.
- Chargebacks without good faith communication may result in immediate termination of Services.
6. Confidentiality and Limitations
6.1 Our Commitment
-
We understand the sensitive nature of litigation-related conversations and are committed to keeping your identity and information confidential within the bounds of law and professional ethics. We will not intentionally disclose your identity or the content of sessions to third parties, except:
- With your explicit written consent.
- As required by law (e.g., court order, subpoena, mandatory reporting obligations).
- To protect our rights, safety, or property in the face of credible threats or harassment.
- To protect your safety in the possibility of disclosure of suicidal thoughts or planning, or other significant danger to yourself or others. Clients with significant mental distress should seek care from a licensed mental health provider as soon as possible.
6.2 Limitations to Confidentiality
Coaching is not privileged in the way attorney-client or psychotherapist-patient relationships may be. In certain legal proceedings, coaching records may be subject to discovery or subpoena. Although we do not keep any session notes or transcriptions of coaching sessions, we cannot guarantee that communications will be immune from all legal processes. If such situations arise, we recommend you consult your own counsel about protecting your interests.
7. Intellectual Property
All content on the Site and in our Services—including text, audio, video, worksheets, frameworks, program materials, and branding—is owned or licensed by us and protected by intellectual property law.
You may:
- Use materials for your personal, non-commercial professional development.
You may not:
- Record coaching sessions without express written consent.
- Share, reproduce, distribute, or sell our content, programs, or materials to third parties.
- Represent our content as your own or create derivative works without written permission.
8. User Conduct
You agree not to:
- Use the Site or Services for unlawful, abusive, or harassing purposes.
- Disclose confidential or identifying information about colleagues, patients, or cases that you are not legally permitted to share.
- Attempt to gain unauthorized access to our systems or accounts or interfere with Site security.
- Post or transmit malicious code, spam, or any content that may damage the Site or others.
We reserve the right to terminate access for conduct we deem inappropriate, unsafe, or in violation of these Terms.
9. Third-Party Links and Resources
Our Site and content may reference or link to third-party websites, podcasts, or resources. These are provided for convenience and education; we do not control and are not responsible for their content, practices, or policies. Your use of third-party sites is at your own risk.
10. Disclaimers and Limitation of Liability
10.1 Disclaimers
To the fullest extent permitted by law, the Site and Services are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of fitness for a particular purpose or non-infringement. We do not warrant that:
- The Site will be uninterrupted, secure, or error-free.
- Coaching will lead to specific outcomes in litigation, licensing, credentialing, or employment.
10.2 Limitation of Liability
To the maximum extent allowed by law:
- We are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of the Site or Services.
- Our total cumulative liability for any claim, whether in contract, tort, or otherwise, will not exceed the total amount you paid to us for Services in the 6–12 months preceding the claim (exact period can be tailored).
You agree to indemnify and hold us harmless from claims arising from your misuse of the Site or Services or your violation of these Terms.
11. Governing Law and Dispute Resolution
These Terms are governed by the laws of the state in which Doctors Litigation is primarily operated in the state of Rhode Island, USA, without regard to conflict-of-law principles. Any dispute arising from these Terms or the Services will first be addressed through good-faith negotiation. If unresolved, disputes may be submitted to binding arbitration or another agreed-upon alternative dispute resolution process, except were prohibited by law.
12. Changes to These Terms
We may update these Terms periodically. Changes will be posted on the Site with an updated "Effective Date." Continued use of the Site or Services after changes become effective constitutes your acceptance of the revised Terms.
13. Contact Information
For questions about these Terms or our Services, contact: Doctors and Litigation (a project of GSP5 Consulting, LLC)
Email: [email protected]