GLP-1 weight loss drugs: Managing legal risk for prescribers
Whatever your preferred news source, it would be hard to miss the surge in attention surrounding GLP-1 based drugs in recent years. But what are they and what are the potential risks for healthcare practitioners in the realm of medical negligence?
What are GLP-1 drugs?
GLP-1 stands for glucagon-like peptide-1, a hormone that helps regulate blood sugar levels. In practical terms, they mimic a natural hormone released after eating, which helps people feel fuller. Some newer medicines also act on a second hormone involved in appetite and sugar control.
GLP-1 prescriptions have been available in the UK for longer than many might realise - liraglutide was approved for diabetes management in 2009, with access widened from 2017. The introduction of semaglutide in 2021 brought about a key change, as it was also approved for weight management in patients with obesity. Alongside this, NHS guidelines for prescribing have evolved: initially focused on those with type 2 diabetes, they now include individuals with a BMI of 30 or higher, or a BMI of 27 or above with at least one weight-related condition.
How GLP-1 drugs are prescribed
In the UK there are several licensed GLP-1 medicines available, licensed to treat specific medical disorders to be used if a patient is overweight or diabetic. They should be taken along with a healthy balanced diet and regular exercise. They are all prescription only medications, and can be prescribed privately, which can be done online. This is part of the reason for the surge in day-to-day use in the UK.
When prescribing online, the requirements above apply and patients must complete health questionnaires and provide photographs. There are obvious dangers for healthcare practitioners here, both in terms of making sure a patient is eligible for the medication and ensuring they understand all of the risks and benefits of medication. It is part of a healthcare practitioner’s clinical responsibility to ensure a patient is eligible for a particular treatment and that informed consent is obtained. There are also requirements and responsibilities around monitoring and follow up with patients.
Clinical and legal risk
The widened licensing of the product along with the dramatic increase in patients accessing private care both on and offline and the prevalence of social media users documenting their use of GLP-1s, often out of context without reference to the realities, has surely created an almost perfect storm of a landscape for clinical negligence claims in coming years.
Meanwhile, Montgomery v Lanarkshire Health Board [2015] UKSC 11 is a landmark Supreme Court case that redefined the standard for informed consent in medical law in the UK. The Supreme Court held that doctors must ensure patients are aware of any material risks involved in a proposed treatment, as well as reasonable alternatives. The judgment shifted the focus from a traditional doctor-centred approach to a patient-centred standard, emphasising the importance of shared decision-making and respecting patient autonomy
Medicolegal claims: UK and US outlook
As an example of potential long-term issues, five years on from the widening of the licensing, in January 2026, the MHRA issued a drug safety alert regarding GLP-1s highlighting the potential risk of severe acute pancreatitis.
Healthcare practitioners were advised to remain vigilant for signs and symptoms of this, and to provide appropriate safety netting advise to patients if they develop relevant symptoms. The alert flags that private prescription may not always appear on a patient’s medical record so if a patient generally presents with these symptoms, the medical professional should enquire about GLP-1 use.
While there have not, as yet, been any civil clinical negligence claims that have hit the UK courts, it is not hard to see how a patient could seek to bring a claim if they were to suffer side effects that they did not consider they were warned about, or if they did not achieve the desired results or disputing the suitability of the prescription of the medication at all.
In America, GLP-1 based drugs have been approved for weight management since 2005. There is some legal activity in the US courts relevant to this, focused more on product liability claims, with allegations that manufacturers failed to adequately warn about certain risks, particularly gastrointestinal side effects including pancreatitis. Lawsuits have been filed against the makers of Ozempic, Wegovy and Mounjaro and as of early 2026 there were over 3,300 lawsuits pending across American courts, divided into general injuries and vision loss and focusing on a failure to provide adequate warnings. The outcomes remain to be seen as they are in early stages but it is clear these may influence future regulatory requirements and the approach to risk disclosure, as well as an increase in patients bringing claims either against the manufacturer or the prescriber.
Balancing access and risk
It should not be forgotten that GLP-1 based drugs are highly effective when used as intended, offering significant benefits for individuals managing type 2 diabetes and obesity. For many patients, these medications are not simply a matter of choice but a crucial part of their treatment plan, improving health outcomes and quality of life. From an ethical and public health perspective, it is essential to ensure equitable access to GLP-1 therapies for those who need them. However when governing access there must be a balance between this and the risk of exposing practitioners to claims.
It should also be borne in mind that prescribing GLP-1 based drugs is not simply a matter of managing risks related to taking it – healthcare practitioners must also weigh up the potential harms of withholding treatment for patients facing significant health challenges associated with obesity, and the pressure on the healthcare system in the long run if this is left untreated. The decision to prescribe should involve a careful consideration of the patient’s overall risk profile and involve shared decision making, clear communication and thorough documentation.
What this means for prescribers
The growing popularity of GLP-1 for weight management has brought new opportunities and challenges for healthcare practitioners. As demand for these medications increases, clinicians are faced with complex decisions about patient selection, consent, and ongoing monitoring. While the clinical benefits are well documented, the long-term outlook and legal landscape remains uncertain, particularly regarding potential liability for prescribers.
Ultimately, the responsible prescription of GLP-1 weight loss injections requires practitioners to balance clinical judgement with legal and ethical obligations - ensuring patient safety, informed consent, and robust documentation remain at the heart of every decision.
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Contact
Joanna Wallace
Senior Associate
joanna.wallace@brownejacobson.com
+44 (0)115 934 2093