An Invitation to an Open Dialogue with the AMA

This blog post is in response to recent reports regarding the American Medical Association’s June 2009 resolution that included this statement: “If obesity is designated as a disability, physicians could be sued or reprimanded for discrimination under the Americans with Disabilities Act if a patient is offended by discussions of the problem.” (See, e.g., this ABC News report.)

In the three months since that June 2009 resolution was passed, I still have not been able to find the full text of that resolution online. Suffice it to say, the AMA’s reasons for resolution are lacking. To date, only a few bloggers have discussed their responses to this resolution: here, there, and over yonder.

Caption: A doctor stands next to a slightly overweight patient who is not wearing a shirt.

The Americans with Disabilities Act is an important federal law that prohibits discrimination on the basis of disability. The law provides expansive protection for individuals with disabilities in a variety of situations. In the context of physicians, clinics, and hospitals, the Americans with Disabilities Act requires, among other things, compliance with building accessibility as well as providing patients reasonable accommodation, such as sign language interpreters for the deaf and hearing impaired.

I am not aware of any provision in the Americans with Disabilities Act that provides patients the right to sue physicians for simply discussing the patients’ disability during consultations. Nor am I aware of any case in which a patient has sued a physician under the Americans with Disabilities Act for simply addressing a health issue the patient allegedly may have had during consultations.

Therefore, in the context of patient-physician consultations, it is not clear what the American Medical Association seeks to accomplish by passing a resolution to reject efforts to make obesity a disability.

Obesity is a serious health issue. Clearly, it is important that physicians discuss obesity with their patients. However, it is equally important that physicians not harbor exaggerated or unwarranted fear of litigation. Therefore, for the sake of clarity, I encourage the American Medical Association to explain why it is singling out obesity and how the Americans with Disabilities Act is implicated with regard to patient-physician consultations. In addition, I encourage the American Medical Association to engage in open dialogue with attorneys knowledgeable in disability law before passing similiar resolutions.

© 2009, Matthew Stoloff. All rights reserved.

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