Beyond the scales – the legal risks and implications surrounding weight loss injections

The demand for weight loss medications, has seen a seismic rise in the last 18 months in the UK market. 1 in 20 adult Britons (2.5 million) now turn to weight loss medication fuelled by intense marketing, social media saturation and rapid client results. From April 2026, GP practices in England can receive up to £3,000 in annual bonuses for prescribing weight loss drugs, part of a £25m government scheme to boost access to obesity medication. 

So, with the increase in prescription, whether in the NHS or privately it is inevitable that we will see a variety of claims being pursued. In the USA over 3,000 claims are being brought as part of a larger group action centring around side effects such as severe gastrointestinal issues, acute pancreatitis, blood clots, and in some rare cases, vision loss. 

Patients who meet the criteria can obtain weight loss drugs through the NHS, however it is also easily accessible privately. Although a prescription only medication, they are quick and easy to obtain with majority of pharmacies simply needing a short online assessment before confirming eligibility. 

We anticipate with widespread use among NHS and private patients with a range of needs the side effects of long term use will begin to materialise and with it the risk of increased litigation.

So how do you minimise the risk of litigation and where will potential claims arise? 

Informed Consent

• It is vital that practitioners obtain relevant past medical history from the patient and their GP to assess suitability for the medication and whether there are any contraindications. 
• Practitioners should follow up with the patient post-administration to monitor any adverse reactions or complications. 
• Referencing NICE guidelines and recommend those using the drugs to supplement with an appropriate diet and increased physical activity is crucial. 
• Patients should be told clearly about the benefits and risks of taking the drugs to ensure an informed view is made to take including impact if the drugs are stopped.

Prescription errors and monitoring 

• Practitioners should consider the appropriate dose needed for each individual as too high a dose could lead to adverse effects. 
• Those prescribing the drugs must ensure they appropriately consent and assess the patient prior to prescribing with advice about dosage and adhere to the strict guidelines around dosage.  Deviation from standard dosage should be monitored by a healthcare professional with the patient fully informed of the reasons and the risks and benefits of any dosage. 
• Patients should be monitored in accordance with guidelines during the prescription course.
• If privately prescribing ensure online assessments prior to prescription are rigorous.  

Product authenticity

• Ensure the product being administered is authentic. It is the practitioner’s responsibility to ensure that this is the case. There are reports that counterfeit products have flooded the market and purchase from sources which are not CE certified manufacturers and trusted suppliers put practitioners and patients alike at risk. 

By following best practices in prescribing and obtaining a comprehensive health profile of a patient, practitioners can reduce their legal exposure whilst ensuring that weight loss jabs are used safely and effectively

Get in touch

Bevan Brittan are experts in medical malpractice claims and are here to support a wide range of Insurers, organisations and individual practitioners. Whether you are facing a claim, wish to seek advice on risk management or would like to discuss this article further and find out more on the services we are able to offer, please contact Pallabi Shakya or Julie Charlton.