SESSION 9: JUSTICE: OBESITY AND STIGMA Introduction Health care professionals have an important role to play in addressing health issues of public health concern such as obesity and diabetes. Individuals with obesity or weight issues may however be reluctant to seek medical help because of stigma, and perceived or real discrimination by healthcare professionals. On the other hand, care for these individuals in the inpatient setting may present unique ethical and professional challenges. This session will focus on the application of justice in supporting the ethical delivery of interventions for patients with obesity and related health issues. Aims: To consider ethical issues in relation to interventions aiming to promote public health To examine ethical and professional issues in providing healthcare for patients with obesity and health behavioral challenges To consider conceptions of justice and their application in addressing stigma and bias towards patients with obesity Objectives: After the session, you will be able to: Explain how stigma and bias may negatively affect healthcare professionals’ and responsibility in caring for patients with obesity Consider how conceptions of justice could be applied to ethically support and limit interventions for obesity and related health issues at both individual patient and public health levels Speakers/Facilitators A/Prof Lee See Muah, Adjunct Associate Professor and Senior Consultant, Ng Teng Fong General Hospital Dr Voo Teck Chuan, Assistant Professor, Centre for Biomedical Ethics Required Reading Extracts from S. Holm, “Obesity intervention and Ethics”, Obesity Reviews 2007;8 (suppl. 1): 207-210. Extracts from S. M. Fruh et al, “Obesity Stigma and Bias”, The Journal for Nurse Practitioners 2016; 12(7): 425-432. 120 | P a g e Tutorial Presentation Case The designated group to prepare its presentation on the following case scenario: Ms. M is a 65 year old patient staying at a nursing home with morbid obesity (209kg, BMI 54.9) and multiple related health problems such as obesity hypoventilation and type 2 diabetes mellitus. She is admitted to a hospital for her 7th episode of respiratory failure related to obesity hypoventilation syndrome (a breathing disorder that affects some people diagnosed with obesity). Ms. M can no longer breathe effectively in this condition because of obesity’s effect on the flow of air through the upper airways and the thorax, leading to high carbon dioxide and low oxygen levels in the blood that can be life-threatening. These episodes have been occurring over the past 2 years and are associated with bronchitis and pneumonia. Ms. M has been poorly compliant with her dietary plans and her BiPap (a device used for obesity hypoventilation syndrome) treatment. In the nursing home, on top of the provided food, she regularly orders food delivery and unhealthy snacks from online services. The medical team believes that Ms M. would likely succumb to a future episode of respiratory failure unless she undergoes a strict medically supervised dietary programme and/or bariatric surgical treatment. Ms. M refuses, which she has the autonomous right to do as a person with decision-making capacity, and says that she prefers to diet and exercise on her own to lose weight, even though she has been unable to do so for many years. 1. Explain the phenomenon of weight discrimination and how it may affect healthcare professionals’ role and responsibility in obesity prevention and intervention. 2. Some hospital staff members do not feel comfortable with treating Ms. M again if she were to be readmitted for another episode of respiratory failure related to obesity hypoventilation. They feel that Ms. M’s nursing home should be told to send her to another acute hospital in such an event. Reasons given to support this course of action include B’s failure to take responsibility for his own health and the medical team’s inability to convince B to go for the recommended treatment. Explain why this action may not be a just or fair way to treat Ms. M. 3. Explain how the professional attributes of compassion and empathy may be applied in the ethical management of Ms. M’s obesity and related health issues. 121 | P a g e 4. Given her refusal to follow a strict diet plan and/or undergo surgical treatment, the medical team considers alternative ways to help Ms. M reduce weight and prevent obesity hypoventilation. One possibility is to get her nursing home to prevent outside food delivery. Given Ms. M’s dire health circumstances, is this paternalistic intervention ethically acceptable? 122 | P a g e Extracts from S. Holm, “Obesity intervention and Ethics”, Obesity Reviews 2007;8 (suppl. 1): 207-210. Background The purpose of ethical reflection is to help us decide how to act in the real world, all things considered. Ethical reflection must take into account all aspects of a proposed course of action. It must rely on good factual evidence and on an understanding of the social and legal contexts in which action has to take place. In the public health context, the main actors under consideration are, on the one hand, the state and doctors and others in their roles as agents of the state, and, on the other hand, the individual. The main principles or ethical values in play are respect for selfdetermination, the pursuit of a good life, the promotion of the common good, the obligations between parents and children and justice. The Basic Problems Two basic ethical problems recur in discussions about obesity interventions. The first is whether and when it is justifiable to intervene to promote a person's own health or wellbeing, if they do not want the intervention. When can paternalism be justified? The second is whether and when it is justifiable to negatively affect a person or people's well-being in order to benefit others or to promote the common good. In this context, it is important to note that pure economic gain is usually not considered sufficient reason to claim that the common good is being promoted. These two problems do not occur on a neutral background. The current nutritional and physical activity landscape is already shaped by numerous historical factors, by intentional and unintentional effects of government regulation and by the actions of commercial actors. The way society is organized is already affecting people's well-being in different ways. ... Targeting High-Risk Groups What are the ethical issues raised by interventions that target identified high-risk groups? First, there are potential problems of social stigmatization and changed self-perception if the targeting results in individuals being identified as belonging to a high-risk group. Insofar as obesity is already a stigmatized condition, being identified as being at risk of obesity may also amount to or produce stigma. This problem may be obviated to some degree if the 123 | P a g e targeting is performed by self-identification, but such a strategy will often lead to very inefficient targeting. Second, there are potential problems of justice. The reason for targeting high-risk groups is usually cost-effectiveness. A given expenditure of resources will result in more obesity being prevented than if we had chosen to employ a 'broader' strategy. But do individuals at similar high risk, who are outside the identified high risk groups, not have the same claim on our preventive resources? A basic principle of formal justice, originally outlined by Aristotle is that equal cases should be treated equally, and this indicates that it is at least potentially problematic to focus prevention only on high-risk groups, unless such groups can be so precisely defined, identified and targeted that all high-risk individuals are included. A different problem occurs in health promotions that target the whole population. In order to achieve a reduction in the prevalence of obesity, it may be necessary to achieve behaviour change far beyond simply the obese. It might be necessary to shift the whole weight curve downwards (or shift the whole energy intake or physical activity curve). Thus, all those who are overweight, or simply perceive themselves to be so, will have to change their lifestyles in order to reduce the number of obese people. Many of those who are made to feel concerned and are induced to change their lifestyle might never have become obese or have had any significant health problems related to their weight. This means that we are affecting some individuals negatively in order to benefit others or to create healthcare savings at the societal level. This can be justified if the bad thing that is averted (obesity and its health effects) clearly outweigh the negative effects experienced by the non-obese, but if this is truly the case, it needs to be substantiated. Choice and Responsibility It is a commonplace that people are responsible for the foreseeable consequences of their choices and actions. This seems to indicate that the obese are responsible for being obese and for the health and other consequences of their obesity. There are, however, a number of complications in making a claim of personal responsibility. The first is that it is not clear to what degree lifestyle is actually a matter of conscious choice. There are at least large elements of socialization and social construction involved in acquiring and maintaining a given lifestyle, and the possibility to break with or significantly alter one's lifestyle is significantly influenced by a range of socioeconomic factors. The second is that the lifestyle in question may contribute significantly to the person's sense of well-being. They may simply like to live the way they live and may accept future negative 124 | P a g e effects as a reasonable trade-off for their current pleasure and well-being. We may well think that they have either miscalculated the trade-off over time, or that they could get the same amount of well-being now by changing their lifestyle. But whether a given individual will have a better quality of life as a burger-eating smoker or a vegetarian fitness enthusiast is probably not a question that can be objectively decided by a third party. The final problem is that, even if we could demonstrate that the obese had chosen to be obese, and are therefore responsible for their own obesity and its consequences, that still would not settle the question of whether we should hold them responsible and treat them differently. Unless we treat all similar, non-obesity-related instances of negative health effects of personal choice in the same way, the obese would have a strong claim that they are being treated unjustly. We should also note that there is an inherent tension between a focus on personal choice and responsibility and the justification for large-scale interventions that affect some nonobese individuals negatively (e.g. by inducing unnecessary lifestyle changes). If the obese are personally responsible for their condition, it becomes doubtful whether others should sacrifice their interests to benefit the obese. For these reasons, it is ethically problematic to pursue a policy primarily emphasizing choice and responsibility. This raises further the question of whether it is a condition, in expecting personal responsibility, that society does its part. Can we legitimately expect members of society to show responsibility if society does not shoulder its responsibilities or is not perceived to be shouldering its responsibilities? Is there a requirement of 'reciprocity of responsibility'? It may, for instance, be argued that, if society could reduce obesity by prohibiting specific marketing strategies, but declines to do so, it is hypocritical to put much emphasis on personal responsibility. Many arguments in the debate about obesity try to determine exactly who has responsibility, but it is important to remember that it is not a zero-sum game. There is more than enough responsibility to go round for all parties; the state, the food industry and the individual. We have no reason to believe that only one of these parties is responsible, and even less reason to believe that only one party should be held responsible. EARLY-LIFE INTERVENTION It is generally accepted that many instances of obesity can be traced to early childhood or possibly even to the intrauterine environment. A potential, and on the face of it, very attractive intervention strategy is therefore to aim for optimal nutrition in this period. This 125 | P a g e would probably involve both intensive dietary advice to all parents, more intensive monitoring of weight and body shape of all children, and targeted intervention in families where monitoring reveals problems. Such an intervention could be seen as an extension of current antenatal and health visiting initiatives. The main ethical arguments for the intervention would be that it has good consequences for the child and for society, and that parents already have an ethical and legal obligation to promote the 'best interests of the child' (in law the obligation is for the child's interests to be paramount). A general problem with the 'best interests of the child' argument is that we do and must allow parents to act against the best interests of the child, or to act on their conception of the best interest in many contexts. We do not think it is wrong for young parents to save for pensions, even if spending the money now on their child could benefit the child. Furthermore, if there is more than one child in the family, it will sometimes be impossible to promote the best interests of both children at the same time when these interests are in conflict (5). It is therefore unclear whether parents actually have a strong obligation to promote optimal nutrition in their children, or just a strong obligation to promote 'good enough' nutrition. Achieving optimal nutrition for the child would, in the prenatal period, physically require that the mother changes her nutritional pattern, and may later require that the whole family begins to eat differently to the way they did before they had the child. This may well be beneficial for everyone, but it is not obvious that there's a strong obligation to do this. The scepticism about obligation is reinforced by two further factors. First is the observation that dietary advice is not constant and that it is not all based on good evidence. 'Optimal nutrition' therefore actually means 'nutrition currently believed to be optimal'. Second is the fact is that not all overweight children go on to become obese adults. Targeting risk groups in childhood therefore also necessarily leads to some families being the target of unnecessary interventions. Promoting Body Image Another set of questions arises in interventions aimed at promoting a specific body image or range of body images (i) over the strength of the evidence base for promoting this specific body image; (ii) over the possible side effects (e.g. an increase in anorexia or other eating problems) and (iii) over the risk of stigmatization of those with body shapes deemed not ideal. 126 | P a g e In one way, discussing possible future interventions in this area is strange because it is quite obvious that our culture and many other cultures already promote a specific body image, not through public health campaigns but through ordinary advertising (6). Based on our experiences, we can justifiably claim that it is difficult to promote one body shape as good without implying that other shapes are bad, and it is unclear whether it is possible to prevent people from linking bad body shape to personal and moral badness. This is particularly the case when obesity is already stigmatized. Conclusions It will be evident from the discussion so far, that two interlocking discussions underlie many of the ethical controversies in the obesity intervention area. The first is a discussion concerning the correct analysis of value. Are all values subjective or personal, or are there objective values? Is health good for everyone whether or not they value it, or is it only good for those who choose to pursue it? The second is a discussion concerning the degree to which society or the state is justified in interfering in personal choices, and the legitimacy of different kinds of interventions. Although these two discussions are conceptually distinct, they are linked because it may be easier to justify paternalistic intervention if there are truly objective values. However, even if there are objective values, there are probably more than one (e.g. health is not the only value). This means that there might be a conflict of values and that they will have to be balanced or prioritized. This means that policies involving hard paternalism [e.g. imposing of certain restrictions] will always be difficult to justify. However, even the most ardent libertarians can support many policies based on soft paternalism [e.g. providing information], especially policies where choice is not curtailed, but choosing healthier options is made easier, for instance, by making the healthy choice the default. Such policies could be labelled 'libertarian paternalist' (7) and are unobjectionable as long as they are based on solid evidence that the healthy choice is really the healthiest option. All interventions have costs, both ethical and economic/opportunity costs, and it is only when we have some evidence for their effectiveness that we get a handle on whether the costs outweigh the benefits. 127 | P a g e Extracts from S. M. Fruh et al, “Obesity Stigma and Bias”, The Journal for Nurse Practitioners 2016; 12(7): 425-432. Overweight and obesity are escalating in epidemic proportions in the United States. Individuals with overweight and obesity are often reluctant to seek medical help, not only for weight reduction but also for any health issue because of perceived provider discrimination. Providers who are biased against individuals with obesity can hinder our nation’s effort to effectively fight the obesity epidemic. By addressing weight bias in the provider setting, individuals affected by obesity may be more likely to engage in a meaningful and productive discussion of weight. Providers need to be the go-to source for obesity-focused information on new and emerging treatments. Overweight and obesity are escalating in epidemic proportions in the United States. Individuals with overweight and obesity are often reluctant to seek medical help, not only for weight reduction but also for any health issue because of perceived provider discrimination. Providers who are biased against individuals with obesity can hinder our nation’s effort to effectively fight the obesity epidemic. By addressing weight bias in the provider setting, individuals affected by obesity may be more likely to engage in a meaningful and productive discussion of weight. Providers need to be the go-to source for obesity-focused information on new and emerging treatments. Providers who are biased against individuals with obesity can hinder our nation’s effort to effectively fight the obesity epidemic. Bias against those with obesity appears to be socially acceptable and is reinforced by the media. In order to effectively facilitate change in weight bias, providers must identify and overcome their own implicit and explicit weight-based biases. Providers are regarded as the go-to sources for obesity-focused information on new and emerging treatments; they also have the responsibility to communicate to patients and the public that obesity is a disease that needs to be addressed in a respectful and compassionate manner. The purpose of this article is to raise awareness of health provider weight bias and stigma and offer strategies that increase sensitivity and compassion to individuals with obesity in an effort to provide the best possible health care. Mass Media and the Perpetuation of Weight Bias Mass media has stigmatized obese individuals. A review of research over the past 15 years related to weight bias in media has reported that many media sources such as animated cartoons, movies, situational comedies, books, weight loss programming, news coverage, and YouTube videos have represented individuals who are overweight and obese in a stigmatizing manner. Mass media has often promoted weight stigma as socially acceptable. 128 | P a g e A study that conducted a content analysis of news images found that the majority of images presented portray obese individuals in a negative manner. The media commonly represents individuals who are overweight and obese as headless figures who are inappropriately clothed and eating. A recent study found that positive media images of individuals with obesity had an affirmative impact on reducing weight-based stigmatizing perceptions held by the public. Health Care Provider Bias Health providers need to be aware of the fact that most individuals who struggle with overweight and obesity have often attempted many measures to lose weight. Obesity is caused by many influences such as genetics and environmental factors. Lifestyle changes can be especially difficult in certain environments. People with obesity often face ongoing weight discrimination and bullying. Research has identified that obesity bias is prevalent in health care settings. A recent study surveyed 358 nurse practitioners (NPs) at a national conference regarding their attitudes and beliefs regarding individuals with obesity. The study found that NPs reported negative beliefs and attitudes toward patients who are overweight and obese. The participants of this study perceived individuals with overweight or obesity to be not as good or successful as others, not fit for marriage, messy, and not as healthy. A British study of 398 nurses found that only 2.3% had provided information to a group related to an intervention for managing obesity. This study identified that very few respondents indicated they had training in obesity management and reported they spent 5% of their clinical time in obesity management. This study also found that the nurses’ own body mass index (BMI) was statistically related to their views of obesity; the higher the nurses’ BMI, the lower their negative perception of obesity. A survey by Jay et al. with 250 physicians found that 40% reported a negative reaction toward a patient who was obese. This study found that 56% of providers felt they were qualified to treat obesity, and 46% felt they were successful in treating patients with obesity. The majority of the physicians reported they felt frustrated when treating patients with obesity. A study with 255 physicians found that those who had a high percentage of patients with extreme obesity were less likely to recommend weight loss medication or bariatric surgery to manage weight. However, physicians with greater knowledge in obesity management were more likely to treat patients with weight loss medications or bariatric surgery. This study also identified that many physicians reported difficulty with performing physical examinations such as palpating abdominal masses or completing pelvic and breast examinations because of extreme obesity in patients. More than 50% of primary care physicians (n = 620) regarded patients with obesity as “awkward, unattractive, ugly, and non-compliant.” The participants did agree that if their time spent with obesity treatment was compensated properly they would spend additional time on weight management. Research has found that primary care 129 | P a g e physicians (n = 122) spend less time with obese patients compared with thin patients (mean= 31.13 minutes with normal-weight patients, mean = 25.00 minutes with patients who were moderately overweight, and mean = 22.14 minutes with patients who were extremely overweight). It is important for health providers to be knowledgeable about how to provide care that is free of obesity bias and stigma. Extra care must be taken to prepare providers to effectively perform a physical examination on individuals with obesity. Obesity is one of the most prevalent diseases in America, and it is important that providers are competent with all aspects of obesity treatment and management. Patients’ Perception of Biased Care Patients perceive obesity bias. Participants in a study were provided a list of 20 possible sources of obesity bias and asked to rank them in order of frequency. Family members were at the top of the list, and physicians were rated the second most common source of obesity bias. This study did not observe a difference between sexes in relation to the forms or frequency of obesity stigma that they experience. This study also identified that 53% of women with obesity received inappropriate comments from physicians regarding their weight. Younger women with obesity reported more stigma than individuals who were older. Participants from this study also reported that they experienced weight stigma from nurses (46%), dieticians (37%), and mental health professionals (21%). Eating more was identified as a common coping strategy used to deal with obesity stigma. The majority (79%) of the participants reported using this strategy on more than one occasion to cope; however, 10% reported that they have not used this strategy for coping. Seventy-five percent of participants reported refusal to diet as a coping style related to obesity stigma. Weight Bias Impacts the Use of Health Care Services Patients who experience obesity bias from providers may cancel or delay appointments as well as avoid preventative health care and screenings. One study surveyed 498 women who were overweight or obese regarding their perceived barriers to routine gynecologic cancer screenings. The women were asked, “Has your weight been a barrier to getting appropriate health care?” In response to this question, 52% responded yes. The percentage of women who reported they delayed seeking health care increased as the BMI increased. These women cited the following reasons for delaying treatment for care: providers expressed negative attitudes, discourteous treatment, weighing procedures that caused embarrassment, uninvited weight loss advice, and examining tables/gowns/equipment too small to be functional. One study with 216 women found that delays and avoidance of preventive care were associated with their BMI. The women participants in this study reported that if they gained weight since their last office visit, they avoided making future appointments with their health care provider. They also wanted to avoid being weighed on 130 | P a g e the provider’s office scale, knowing they would be told by their provider that they needed to lose weight. Regardless of the reason individuals with overweight and obesity avoid preventive health measures, weight bias and miscommunication between patients with obesity and providers lead to a vicious cycle of bias and worsening obesity and health. Obesity creates health consequences, resulting in an increased need for medical visits. However, bias in health care can lead to negative feelings, avoidance of health care providers, and unhealthy behaviors. … To reduce obesity bias, multiple strategies are needed. Providers can serve as a positive influential voice to reduce obesity bias with their interaction and communication with the public, peers, and students. Providers can also play a pivotal role in conveying that obesity is a disease with a complex etiology. Providers can impart to the next generation of providers the importance of eradicating obesity stigma and providing the best possible care to individuals with obesity. Resources and Strategies to Reduce Provider Obesity Bias Many resources are available to help providers overcome obesity bias including free online resources and online classes that address obesity bias and offer tips to help providers reduce it. There are also specific supportive strategies to lower obesity bias that can be used in the clinical setting. How Can Weight Stigma Be Reduced? Some specific strategies for health professionals are as follows (taken directly from the Obesity Society): 1. Consider that patients may have had negative experiences with other health professionals regarding their weight, and approach patients with sensitivity. 2. Recognize the complex etiology of obesity, and communicate this to colleagues and patients to avoid stereotypes that obesity is attributable to personal willpower. 3. Explore all causes of presenting problems, not just weight. 4. Recognize that many patients have tried to lose weight repeatedly. 5. Emphasize behavior changes rather than just the number on the scale. 6. Offer concrete advice (eg, start an exercise program, eat at home, etc, rather than simply saying, “You need to lose weight”). 7. Acknowledge the difficulty of lifestyle changes. 8. Recognize that small weight losses can result in significant health gains. 131 | P a g e 9. Create a supportive health care environment with large, armless chairs in waiting rooms, appropriately-sized medical equipment and patient gowns, and friendly patient reading material. How to Identify One’s Own Bias? It is also useful to identify one’s own bias. Asking the following questions can be helpful in this regard (taken directly from the Obesity Society): 1. Do I make assumptions based only on weight regarding a person’s character, intelligence, professional success, health status, or lifestyle behaviors? 2. Am I comfortable working with people of all shapes and sizes? 3. Do I give appropriate feedback to encourage healthful behavior change? 4. Am I sensitive to the needs and concerns of obese individuals? 5. Do I treat the individual or only the condition? Specific Strategies to Help Providers Overcome Obesity Bias Self-reflection. Providers need to incorporate strategies to help individuals who struggle with obesity by providing compassionate care that is free of bias. It is important that providers take time for self-reflection to identify if one has any personal biases and how to overcome these assumptions in order to provide the best possible care. Supportive Communication and Language. It is important to use supportive communication and language. Emphasize achievable behavior goals rather than weight. Steer away from language that places blame. It is important for providers to choose their words wisely. The least stigmatizing/blaming terms recommended are weight, unhealthy weight, and high BMI. The most stigmatizing/blaming words are fat and morbidly obese. The most motivating words are unhealthy weight and overweight. The least motivating words are fat, morbidly obese, and chubby. It is recommended that before discussing weight with patients, consider the following language in discussions about weight: 1. “Could we talk about your weight today?” 2. “How do you feel about your weight?” 3. “What words would you like to use when we talk about weight?” People-first Language. For years, health care education has stressed the importance of not labeling individuals based on their disease. However, in practice, this people-first principal has not been applied to obesity. It is important to put people first and not to label them by their disease. For example, it is not appropriate to identify an individual as obese but instead identify the individual as having obesity. By labeling someone by their disease, it 132 | P a g e often dehumanizes the individual, which further contributes to weight bias. It is also important for publications and scholarly writing to reflect people-first language. Conclusion [Healthcare providers] can make a difference with the obesity epidemic by overcoming any personal obesity bias and discrimination. They can also lead the way by addressing obesity bias in their interactions with the public, peers, and patients. They can strive to become knowledgeable and comfortable with providing evidence-based obesity care that includes the best possible strategies and treatments to help individuals achieve a healthy weight. The education of current and future health care providers needs to focus on raising awareness of attitudes and bias toward obesity as well as addressing the development of empathy for the patients’ struggles and experiences. Most individuals with excess weight have tried repeatedly to lose weight and many have had previous negative experiences with other health providers regarding their weight. Because of these reasons, there are many suggestions for creating a supportive environment for obese patients in medical settings. Providers also need to be aware that bias exists so that educational activities can be integrated into training programs, professional development activities, and media campaigns to ensure all patients are treated with respect and dignity. This will help make certain that individuals with obesity are comfortable and feel supported when seeking medical care and will go a long way to foster a positive health care environment so that providers can have the opportunity to guide patients in effective weight treatment and management. [Providers] are a vital force in health care in America. [They] can be change agents in the area of obesity bias. They can also strive to be experts in obesity management and care. Obesity is one of the most prevalent diseases in America and impacts many medical conditions. [Providers] can lead the way in providing nonbiased, high-quality obesity management, treatment, and care. [Provider] education needs to include formal preparation related to eliminating obesity bias and preparing the next generation of providers to excel in obesity management. Obesity prevention and intervention are public health priorities to improve the overall health of our nation. Addressing and eliminating weight bias and stigmatization are vital first steps to ensuring that patients receive quality care and effective weight treatment and management. By becoming aware of one’s own biases, developing empathy for the experience of patients, and working to address the needs of patients with obesity, health care providers will make strides to make the US a healthier nation. 133 | P a g e