Concerns about Litigation: Conceptualization, Development, and Measurement

Abstract

Considerable literature exists to suggest that mental health and medical professionals are profoundly concerned about the possibility of malpractice litigation. Indeed, when professionals are sued, they suffer marked emotional and physical sequelae. An initial construct developed to account for these issues was called litigaphobia, succeeded by the construct of fear of litigation, and in the current article, the arguably more parsimonious and less pathological construct o/concerns about litigation. After a review of existing ways in which litigation concerns are measured, data about a Concerns About Litigation Scale were presented. A study of both mental health and medical professionals yielded preventive practice and personal frustration subscales. Among other implications is the need for attention to positive preventive practices rather than an overarching focus on avoiding litigation.