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.
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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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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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