The occurrence, prevention, and consequences of burnout among healthcare professionals have been matters of concern and study since the 1960s. The concept of burnout encompasses emotional and psychological job-related stress in any health practice environment with resulting negative impacts on job satisfaction, job performance, and patient outcomes. Both physicians and nurses experience burnout which may be manifested with higher rates of depression, fatigue, and anxiety. A higher rate of substance abuse, increased incidents of sleep disturbances, damaged relationships and even increased rates of suicide have been reported. Physician burnout can also appear as a loss of interest in and enthusiasm for work as well as increased frustration and emotional exhaustion. Decreased empathy for patients as well as diminution in a sense of personal worth and professional accomplishment may be present. There may also be an onset of post-traumatic stress disorder (PTSD).

The prolonged pandemic associated with COVID-19 was expected to intensify physician burnout. A recent survey published in March 2022 by BMC Health Services Research adds supportive data and information for further evaluation.  This study was conducted in June 2020 and again in December and January 2021. These were the first two waves that occurred before the Delta and Omicron virus variants had spread. The authors focused on five groups of medical practitioners: (1) primary care physicians, (2) hospitalists, (3) critical care and pulmonary intensivists, (4) emergency medicine physicians, and (5) infectious disease physicians. In the first wave, emergency medicine physicians had the highest burnout score but in contrast they had the lowest scores in the second wave. The article attributes this as possibly due to institutional or personal adaptation to the pandemic. For all other specialties, the burnout scores increased with the highest scores coming from the hospitalists. Hospitalists are the principal segment of physicians who dealt with increasing caseloads of COVID-19 patients who were often hospitalized for prolonged periods of time.

Many resources have become available for dealing with the prevention and management of physician burnout. For example, the American Medical Association has a STEPS Forward program that can be utilized for ways to reduce burnout. In March 2022, President Biden signed into law the Dr. Lorna Breen Health Care Provider Protection Act. 42 U.S.C. § 294n. This law authorizes the Department of Health and Human Services to award grants for programs to promote mental health and resiliency among health care providers. It was passed with a recognition of COVID-19 having worsened the high levels of stress and burnout experienced by healthcare providers.

 The increases in physician burnout prompt concerns for increased legal risks. Extensive literature has explored this topic. However, a recent study published in April 2022 by Health Affairs challenges that proposition. The researchers reviewed Medicare data for over 1,000 patients with a hypothesis that physicians reporting more frequent episodes of burnout or having developed increased callousness to patients would experience higher Medicare costs or more frequent bad outcomes. In the context of this study, the researchers found that physicians who had self-reported experiencing several episodes of burnout had lower rates of undesirable outcomes. While not suggesting that burnout was beneficial or that attempts to reduce burnout should not be pursued, they noted that physicians who self-reported burnout were more conscientious and gave more effort to providing good care to their patients.

This study, while having a limited sample size, provides support for programs for physician empowerment, wellness, and resilience. Participation in such programs can lead to insight and improved health.

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Photo of John Zen Jackson John Zen Jackson

Of Counsel, Healthcare and Litigation Departments

Mr. Jackson’s healthcare practice emphasizes litigated matters in judicial and administrative forums, including professional liability claims, licensure and credentialing issues with administrative agencies and health care entities, reimbursement and insurance fraud disputes. He is Certified by the…

Of Counsel, Healthcare and Litigation Departments

Mr. Jackson’s healthcare practice emphasizes litigated matters in judicial and administrative forums, including professional liability claims, licensure and credentialing issues with administrative agencies and health care entities, reimbursement and insurance fraud disputes. He is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney and has extensive experience in trying jury cases to a verdict.

In addition to trying numerous individual medical liability cases for a variety of healthcare providers, Mr. Jackson was lead defense counsel for a group of New Jersey plastic surgeons sued in connection with the silicone gel breast implant litigation, and has been involved in a number of high-profile mass tort litigation programs for medical devices or healthcare products, including pedicle screws, diet drugs, and Rezulin.

Beyond trial advocacy, Mr. Jackson is an experienced appellate litigator. He served as defense counsel in the New Jersey Supreme Court cases limiting the liability of physicians for suspected exposure to the HIV-virus, and for alleged lack of informed consent regarding abortion procedures. Mr. Jackson has served as amicus counsel for the Medical Society of New Jersey, the American Medical Association, and the New Jersey Hospital Association in appellate matters before the New Jersey Supreme Court and Appellate Division. He has been involved in numerous reported opinions.

Mr. Jackson has handled a variety of commercial litigation issues as well as the defense of qui tam actions under the Federal False Claims Act and insurance coverage and insurance fraud cases. He has represented clients in professional licensure and hospital privilege disputes before state administrative bodies and hospital credentialing committees as well as judicial review through the New Jersey Supreme Court. He has additional experience as a hearing officer for hospital privilege disputes.

Mr. Jackson is the author of over 80 published articles in medical and legal publications on a broad range of healthcare, tort liability and trial technique topics. He has been a member of the Editorial Board of MDAdvisor, a peer-reviewed journal for the New Jersey medical community, since its inception in 2007.

Contact information:

jjackson@greenbaumlaw.com | 732.476.3336 | vCard

For more information visit the Greenbaum, Rowe, Smith & Davis LLP website.