Fat People and Tort Reform - Position Statement

NAAAFP supports rational tort reform.

One characteristic of rational tort reform is that it holds those who commit malpractice responsible and not the patient.

Unless the patient has contributed to the outcome.

Then NAAAFP supports the defense of contributory negligence to mitigate the damages of the malpractitioner.

Overweight and obesity contribute to bad medical outcomes.

Fat people present more difficulties in care than fit people. For example, post-operative wound healing complications are more likely to occur in the fat than the fit.

NAAAFP stands in favor of providing fat people with educational material explaining how their condition can compromise treatment outcome.

NAAAFP stands in favor of including this information as part of the informed consent signed by a fat patient.

NAAAFP encourages malpractice insurers, medical societies, medical trade groups and medical specialty organizations to create the materials and consents described above.

NAAAFP stands in favor of contributory negligence as a defense in medical malpractice cases where overweight and obesity are contributing factors to the outcome. 

Fat People and Tort Reform - Advocacy Letter

Dear (insert name of recipient here),

I support rational tort reform.

One characteristic of rational tort reform is that it holds those who commit malpractice responsible and not the patient.

Unless the patient has contributed to the outcome.

Then I support the defense of contributory negligence to mitigate the damages of the malpractitioner.

Overweight and obesity contribute to bad medical outcomes.

Fat people present more difficulties in care than fit people. For example, post-operative wound healing complications are more likely to occur in the fat than the fit.

I stand in favor of providing fat people with educational material explaining how their condition can compromise treatment outcome.

I stand in favor of including this information as part of the informed consent signed by a fat patient.

I encourage malpractice insurers, medical societies, medical trade groups and medical specialty organizations to create the materials and consents described above.

I stand in favor of contributory negligence as a defense in medical malpractice cases where overweight and obesity are contributing factors to the outcome. 

I expect the following from you:

A clear and immediate public declaration that the defense of contributory negligence should be available to mitigate the damages of malpractitioners in cases involving fat people where their fatness was a factor in the outcome

A clear and immediate public declaration that fat people are in part responsible for the untoward outcomes of certain medical treatments

A clear and immediate public declaration suggesting that malpractice insurers, medical societies, medical trade groups and medical specialty organizations create educational materials and consents informing fat people of their increased risks

Thank you for your attention to this important matter.