Obesity shows up again and again in medical malpractice claims, not because a patient’s weight is anyone’s fault, but because it changes how illnesses present, how tests and procedures have to be done, and which complications a care team needs to watch for. When a doctor or hospital does not adjust for those realities, a treatable condition can be missed or a preventable complication can go unnoticed.
At Davis & Davis, our Houston attorneys handle medical malpractice claims across Texas, and many of the cases we review involve a misdiagnosis or a delayed response to a complication. This post looks at what published claims data says about obesity-related malpractice claims, where care for patients with obesity tends to break down, and how Texas law treats those claims.
What Published Claims Data Shows
When this post first ran in 2014, a medical trade publication reported a sharp rise in malpractice claims involving patients with obesity, based on data from a physician-owned malpractice insurer. We were not able to locate the underlying study in a primary source, so we no longer repeat the specific figures from that report.
The same insurer, The Doctors Company, later published its own analysis of obesity-related malpractice claims. Reviewing 17,910 closed claims from 2011 through 2018, it found that a patient’s obesity affected the outcome of care in 1,490 of them, or 8.3 percent. In claims against medical (nonsurgical) services, diagnosis-related allegations appeared in 40 percent of the obesity-related claims, compared with 32 percent of claims without an obesity factor. The insurer says it continues to see an increase in lawsuits involving patients with obesity, but it did not publish a growth rate, so the honest answer to whether these claims are rising is that one large insurer reports they are, without a figure we can verify.
What the data does show clearly is the pattern. Diagnosis, patient assessment, and referral problems appear more often when obesity is part of the picture.
Where Care Can Go Wrong for Patients With Obesity
Patients with obesity are entitled to the same standard of care as anyone else. In practice, meeting that standard often requires extra steps, and malpractice claims tend to arise when those steps are skipped. Common breakdowns include:
- Attributing symptoms to weight: Shortness of breath, fatigue, joint pain, or swelling dismissed as “just weight” when they point to heart disease, a blood clot, or another serious condition.
- Incomplete assessment: A physical exam, imaging study, or test that is harder to perform on a larger patient and is cut short instead of adapted or repeated.
- Equipment and positioning: Tables, chairs, lifts, and instruments used beyond their weight limits or not sized for the patient, which can lead to falls, nerve injuries, or failed procedures.
- Medication dosing: Drugs given without attention to how body size affects the right dose, which can leave a patient undertreated or overdosed.
- Missed referrals: Failing to bring in a cardiologist, endocrinologist, sleep medicine physician, or other provider when the patient’s conditions call for it.
Weight bias plays a role in several of these. Our article on types of medical bias that can lead to malpractice explains how assumptions about a patient can cut a diagnostic workup short.
Blood Clots and Post-Procedure Monitoring
Obesity is a recognized risk factor for blood clots, and The Doctors Company’s data listed embolism or thrombosis more often in obesity-related claims against medical services. Clot prevention after surgery or during a hospital stay, and prompt testing when a patient develops warning signs, are basic parts of care. A missed pulmonary embolism is one of the most serious outcomes we see when that monitoring falls short.
Surgery and Anesthesia Planning
Surgery for a patient with obesity may call for different airway planning, positioning, and recovery monitoring. When a surgical team does not plan for those needs, or a patient is discharged before warning signs are addressed, the risk of harm rises.
How Texas Law Treats These Claims
A patient’s weight does not lower the standard of care. The question in a Texas malpractice case is whether a reasonably careful provider in the same field, facing the same patient, would have done something different, and whether that difference would have prevented the harm. A claim cannot rest only on a bad outcome; it has to show that the care itself fell short.
These cases are health care liability claims under Chapter 74 of the Texas Civil Practice and Remedies Code. A claim generally must be filed within two years of the error or the end of the related course of treatment, written notice must be sent to each provider at least 60 days before suit, and a report from a qualified medical professional must be served within 120 days after each defendant answers. Our article on the statute of limitations for medical malpractice covers the deadlines in more detail.
Talk With Davis & Davis About Your Care
Our firm focuses on medical malpractice, and we work with qualified medical professionals to review whether a provider adapted care to a patient’s needs, considered the conditions that patient was at higher risk for, and acted on warning signs in time. Every case is different, and we cannot promise a particular result.
If you believe your symptoms were dismissed or a complication was missed because of assumptions about your weight, contact Davis & Davis to request a free consultation and learn more about your options.
Frequently Asked Questions About Obesity and Medical Malpractice
Can a doctor be liable for blaming my symptoms on my weight?
Possibly. If a reasonably careful doctor would have investigated your symptoms further, and the failure to do so delayed the diagnosis of a condition that then caused you additional harm, there may be grounds for a claim. A review of your records by a qualified medical professional is usually needed to tell.
Are obesity-related malpractice claims increasing?
One large malpractice insurer, The Doctors Company, says it continues to see more lawsuits involving patients with obesity, but it has not published a growth rate. Its review of claims closed from 2011 through 2018 found that obesity affected the outcome of care in 8.3 percent of them.
Does my weight reduce the standard of care I am owed?
No. Providers are expected to deliver reasonable care to every patient. For a patient with obesity, that may mean properly sized equipment, adjusted medication doses, additional testing, or referrals, and failing to take those steps can fall below the standard of care.
What if I was injured because hospital equipment was not designed for my size?
Facilities are expected to know the weight limits of their tables, chairs, and lifts and to use appropriately sized equipment. If staff used equipment beyond its limits or without proper help and you were hurt, the facility may be responsible.
How long do I have to file a malpractice claim in Texas?
Generally two years from the date of the error or from the end of the related course of treatment, with a 10-year outer limit. The deadline can arrive sooner than people expect, so it is wise to have an attorney review the dates early.
