HealthLawProf Blog

Editor: Katharine Van Tassel
Concordia University School of Law

Saturday, August 5, 2006

Lying About Weight May Be Harmful?

The great Ezra Klein points to an article in the Seattle Times that discusses a study reported in the New England Journal of Medicine concerning why people may have problems losing weight.  He states their conclusion rather succinctly:

Because we're a bunch of liars:

It's been reported in the New England Journal of Medicine that people attempting to lose weight tend to underestimate the amount they eat by as much as 47 percent and to overestimate their physical activity by as much as 51 percent. When scientists at the USDA's Beltsville Human Nutrition Research Center in Maryland asked 98 men and women how much they ate in a 24-hour period, they found that 6 out of 7 women underreported by an average of 621 calories, and 6 out of 10 men underreported by an average of 581 calories.

Well, I guess people are doing more than just lying to the Department of Motor Vehicles about their weight - looks like it might be time for everyone to start a food journal just to keep us honest.   I wonder how much of this results as well from the way that food is packaged and marketed and from a lack of knowledge about serving sizes.  I know that I tend to think that I can eat more chocolate mini-bars and still feel that I am not overeating.  Indeed, I perhaps would answer a question about my chocolate consumption with a statement that I have had only a few pieces of chocolate when I probably ate a sufficient number of mini-bars  to equal  two king size candy bars. 

August 5, 2006 | Permalink | Comments (0) | TrackBack (0)

Thursday, August 3, 2006

Blacklisting MedMal Plaintiffs

Professor Daniel Solove of Concurring Opinions has an interesting post concerning the use of the internet to blacklist plaintiffs who file medical malpractice suits.  He states,

"In a disturbing development, websites are emerging to create blacklists of individuals who file medical malpractice claims. According to an article at

In 2004, a group of Texas physicians launched The site listed the names of plaintiffs, attorneys and expert witnesses in medical malpractice cases. That site did not make any distinction between cases that ended in plaintiff verdicts and those that ended in defense verdicts or settlements.

According to the New York Times, a North Texas man had trouble finding a physician for his 18-year old son after his name was posted on the site. He had filed a medical malpractice suit after his wife died from a missed brain tumor, and had won an undisclosed settlement. was shut down four days after the Times article was published.

A new website to blacklist medical malpractice plaintiffs has emerged, called  According to the article:

In the latest effort to enable doctors to shun patients who sue, an offshore company has launched an Internet site that lists the names of plaintiffs who have filed medical malpractice cases in Florida and their attorneys.

The site,, encourages doctors to consider avoiding patients who are listed in the database, and it strongly encourages plaintiffs who have lost their cases at trial to turn around and sue their plaintiffs attorney. . . .

Unlike the Texas site, plans to list only plaintiffs who filed cases that ended in a defense verdict, a settlement, or a plaintiff verdict on only one count while other counts were dismissed.

The overwhelming majority of med-mal cases that go to trial result in defense verdicts. A large percentage of claims never go to trial, and many of those result in settlements. Some experts say that it's not possible to say that cases are "frivolous" just because they don't result in a plaintiff verdict.

He goes on to note the lack of websites that list physicians who have been sued for malpractice and states that such a website, if accurate, would not raise the same issues as the LitPages website. 

I believe a distinction can be made. Physicians are professionals, and they have higher duties and responsibilities than the patients they treat. Indeed, one of the duties of the profession is to police itself, to weed out the bad apples. Sadly, I'm not sure that the medical profession does a good enough job of this (lawyers aren't much better at policing their own profession). In distinction, a blacklist of malpractice plaintiffs discourages them from exercising their legal rights and inhibits the legal system from redressing wrongs by errant physicians. Moreover, even to the extent to which plaintiffs bring frivolous suits, these are often the fault of the lawyers, not the plaintiffs.


August 3, 2006 | Permalink | Comments (0) | TrackBack (0)

Apologies for Non-Posting

I am back - was away for a bit with no internet access.  Some postings soon!

August 3, 2006 | Permalink | Comments (0) | TrackBack (0)