Report: January 2019
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Heavy Liabilities: Obesity, Weight Control, and Treatment Risks
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Introduction
Obesity and Weight-Control Risks
Obesity is a national epidemic, which causes higher medical costs and a lower quality of life. About four million deaths are attributable to excess body weight annually in the U.S. More than 72 million U.S. adults are obese and persons who are obese have medical costs that are $1,429 higher than those of persons of normal weight. Obesity has been linked to several types of cancers and has resulted in overweight-related conditions such as diabetes, hypertension, sleep apnea, cancer, stroke, heart disease, and other conditions. Attorneys, physicians, insurers, employers, risk managers, diet drug manufacturers, and other potential parties to litigation need to understand the types of litigation issues that may arise in connection with the treatment of obesity or other weight-related conditions.
The Perspectives: Improve Your Strategy
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Attorneys:
What requirements must be met to bring a diet drug claim as a class action? And, what is a potential strategy for the attorney to employ?
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Physicians:
How can a physician defend against an action for revocation or suspension of the physician’s medical license based on allegations related to the prescription of diet drugs? And, what is a potential strategy for the physician to employ?
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Insurers:
Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or the patient’s claim was barred as untimely? And, what is a potential strategy for the insurer to employ?
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Employers:
Can an employer be liable for the costs of treating a worker’s obesity or other weight-related condition? And, what is a potential strategy for the employer to use?
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Risk Managers:
Can a risk manager prevent liability or mitigate damages for potential violations of the Americans with Disabilities Act in connection with an employee’s obesity or other weight-related disability? And, what is a potential strategy for the risk manager to use?
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Practice the Technique: Checklists
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Attorneys:
Check this list of facts and circumstances tending to show a health provider’s malpractice or negligence liability for diagnosing or treating an overweight or obese patient.
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Physicians:
Presented is a checklist of items a physician must consider when defending against claims of malpractice or negligence involving the treatment of overweight or obese patients.
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Insurers:
The insurer should check these “red flags” and inconsistencies when investigating a claim of malpractice or negligence involving treatment of overweight or obese patients.
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Employers:
Presented is a checklist of items an employer must consider when determining if the employee’s injury related to the employee’s excessive weight is compensable.
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Risk Managers:
Use this checklist to determine if the risk manager has identified and implemented all appropriate policies, practices, and procedures to avoid liability or mitigate damages for malpractice or negligence involving treatment of overweight or obese patients and whether all affected parties complied with these policies, practices, and procedures.
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Expert Analysis
Litigation
Alternative Dispute Resolution
Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.
Reasons to Reach Settlement
The following are reasons why the attorney, physician, insurer, employer, or risk manager would want to reach settlement, and not take the action to trial.
Reasons to Go to Trial
The following are reasons why the attorney, physician, insurer, employer, or risk manager would want to take the action to trial.
Jury Awards and Settlements
How much have juries awarded and what settlements have been reached recently in cases involving overweight patients, obesity, and weight control?
Medical Examples
Obesity and Weight Control Treatments
This section provides detailed medical information on overweight or obese patients and weight control including the causes and risks of excess weight, measuring overweightness and obesity, related health conditions, weight control interventions and treatments, and weight loss and treatment complications. Also discussed is the patient’s prognosis and ability to work.
Law and Medicine Resources
Law and Medicine Resources
Provided is a listing of law and medical resources for further information on obesity and weight control.
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Heavy Liabilities: Obesity, Weight Control, and Treatment Risks
Table of Contents
Introduction
Expert Analysis
Walter Lindstrom, JD
Samer G. Mattar, MD, FACS, FASMBS; Eric J. DeMaria, MD
The Perspectives: Improve Your Strategy
Attorneys Perspective
Physicians and Health Providers Perspective
Insurers Perspective
Employers Perspective
Risk Managers Perspective
Practice the Technique: Checklists
Attorney Checklist
Physician Checklist
Insurer Checklist
Employer Checklist
Risk Manager Checklist
Alternative Dispute Resolution
Reasons to Reach Settlement
Reasons to Go to Trial
Jury Awards and Settlements
Obesity and Weight Control Treatments
Law and Medicine Resources
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