Increase in obesity-related medical malpractice claims

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Legally reviewed by:
Steven R. Davis and John A. Davis, Jr.
July 9, 2024

When residents in Texas suffer from an ailment, they seek to understand what is wrong so they can correct the medical condition. In these situations, medical interventions are often required. The individual will seek a medical professional for a diagnosis so that they can take steps to cure his or her ailment or disease. While medical professionals are able to diagnose and cure injured or ill patients, misdiagnosis could harm the patient or worsen the condition.
A recent report indicated that there has been an increase in medical malpractice suits related to obesity. The report discovered that there were 415 claims associated with obesity filed from 2007 to 2012. This is a 64 percent increase from the period of time between 1992 and 2002. While obesity rates have increased a great deal for the general population, it is not surprising that the rate of claims associated with mistreatment or failure to diagnose have risen, as well.
Despite the understandable increase in suits, the current rates are still relatively high. This could be attributable to the numerous problems that obesity creates or adds. If a physician fails to diagnose a symptom, the patient could be mistreated. This could be due to some symptoms mimicking those of other disorders. Furthermore, because various issues could present themselves when a patient is obese, failing to refer them to all of the proper specialists can be a negligent medical act.
A negligent doctor or medical staff could lead to a medical malpractice suit due to misdiagnosis or mistreatment. The patient who suffers due to these acts could file a claim to recover compensation for the injuries and damages that he or she suffered from the medical negligence. Any monetary award collected could cover medical bills, rehabilitation, lost wages and other related damages.
A failure to diagnose could mean a worsened medical condition or unrelated medical problems. A patient suffering from medical malpractice should understand his or her rights and options. Seeking advice about the situation can help patients with their causes of action, while at the same time protecting their interests.
Source: Clinical Endocrinology News, “Obesity malpractice claims up 64%, study shows,” Alicia Gallegos, July 10, 2014

John A. Davis, Jr.


John A. Davis, Jr. and Steven R. Davis

July 9 2024

Steven R. Davis and John A. Davis, Jr. are experienced attorneys at Davis & Davis, a law firm that specializes in medical malpractice cases in Texas. With a deep commitment to justice that guides their ethical approach, Davis and Davis have dedicated their careers to helping victims of medical negligence. They and their team continue to advocate for clients, despite the challenges posed by Texas's cap on recoverable damages in malpractice lawsuits. Davis & Davis pride themselves on their extensive experience in the field and their readiness to meet clients across the United States.

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