Gestational Diabetes Claims

Gestational diabetes is a condition that can develop during pregnancy and usually resolves after giving birth. However, if not adequately diagnosed and managed, it can pose several health risks to both the mother and the baby. These include pre-eclampsia, increased risk of type 2 diabetes, stillbirth and premature birth.

Healthcare providers have a duty to screen pregnant women for diabetes and provide adequate care to prevent complications. A failure to do this will likely be seen as negligence and entitle you to make a gestational diabetes claim for compensation. Both the mother and the baby are entitled to compensation for any avoidable harm caused by medical negligence.

To find out if you may be able to claim compensation, do not hesitate to contact us by calling 0800 470 0474 or using our online contact form. You will receive a free consultation with a legal adviser who will guide you through the claims process and answer any questions you may have.

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Table of Contents

• What is gestational diabetes?
• Signs and symptoms of gestational diabetes
• Diagnosis and treatment of gestational diabetes
• Health risks of gestational diabetes
  • Risks to the mother:
  • Risks to the baby:
• Can I make a gestational diabetes claim?
• What evidence do I need to support my claim?
• Types of gestational diabetes negligence
• Can I make a claim on behalf of my child?
• How long do I have to claim compensation for gestational diabetes?
• How much is a gestational diabetes compensation claim worth?
• Will I need to go to court?
• Can I make a medical negligence claim with the help of a no win no fee solicitor?

What is gestational diabetes?

Gestational diabetes can appear during pregnancy in women who have not previously suffered from any form of diabetes. It typically arises in the second or third trimester and resolves on its own after the baby is born. However, if not adequately diagnosed and treated, it can lead to complications that can affect both the mother and baby.

The condition occurs if the body cannot produce enough insulin to meet the increased needs during pregnancy. Certain risk factors increase the risk of developing gestational diabetes, such as:

• Having a parent or sibling who suffers from diabetes
• Being overweight or obese
• Being over 40
• Having had a baby over 10lb (4.5 kg)
• Having had gestational diabetes in the past
• Being of specific ethnic backgrounds (Black, Hispanic, Middle Eastern or Asian)
• Having had weight-loss surgery, such as a gastric bypass

Around weeks 8 to 12 of your pregnancy, your doctor has the duty to consider your risk factors and offer you a screening test. If they fail to do this and you suffer any complications, you may be able to make a gestational diabetes negligence claim.

Signs and symptoms of gestational diabetes

Often, gestational diabetes does not cause any symptoms, which makes regular screening during pregnancy essential. If blood sugar levels get too high, symptoms may include:

• Increased thirst and need to drink more fluids than usual
• Needing to pee more often than usual, especially at night
• Feeling tired and lacking energy
• A dry mouth, despite drinking plenty of fluids
• Blurred or distorted vision
• Genital itching or thrush

Some of these symptoms can occur at various stages of pregnancy, even without diabetes. It is essential to know that whether you show any signs, your healthcare provider must offer you screenings to check for gestational diabetes. Not doing so could make them liable for gestational diabetes compensation.

Diagnosis and treatment of gestational diabetes

Around week 8 to 12 of your pregnancy, your doctor will assess your risk of developing gestational diabetes. If you have at least one of the risk factors mentioned above, they should offer you a screening test, called an oral glucose tolerance test (OGTT). This test is done between weeks 24 and 28 of pregnancy and involves measuring your blood glucose levels on an empty stomach and two hours after receiving a glucose drink.

If you are diagnosed with gestational diabetes, treatment typically involves:

• Changes to your diet and exercise
• Oral medicine or insulin injections

You may also have to check your blood sugar levels several times a day, such as before meals and one to two hours after meals. You will also need more frequent check-ups to monitor the baby’s growth and development.

If you have suffered complications due to misdiagnosis or poor management of your condition, you could make a gestational diabetes compensation claim.

Health risks of gestational diabetes

Gestational diabetes may pose several health risks to the mother and baby, which include:

Risks to the mother:

• Pre-eclampsia, a condition that leads to high blood pressure and potential organ damage
• A higher risk of developing type 2 diabetes and cardiovascular disease later in life
• A higher chance of delivery and future pregnancy complications

Risks to the baby:

Poorly managed maternal diabetes can have several effects on the baby as well, such as:

• Large weight at birth, which can complicate delivery
• Increased risk of birth injuries such as shoulder dystocia
• Low blood sugar after birth
• Premature birth
• Higher risk of birth defects affecting the nervous system, heart or other organs
• Jaundice
• Potential developmental and cognitive issues associated with birth complications
• Gestational diabetes may also lead to increased risk of obesity and type 2 diabetes

If you or your child suffered harm due to mismanaged diabetes during pregnancy, you may be eligible to make a medical negligence compensation claim.

Can I make a gestational diabetes claim?

If you were not screened for gestational diabetes or did not receive appropriate treatment, you may be able to make a claim for any resulting injuries. A personal injury solicitor will take on your case if they can prove the following:

• A duty of care – this is straightforward, as all healthcare providers owe a legal duty of care to pregnant women to appropriately screen for and manage gestational diabetes.
• A breach of duty – occurs when doctors fail to meet the expected standard of care in managing gestational diabetes. Examples include failure to consider risk factors for gestational diabetes or to provide adequate care and treatment.
• Causation – this refers to the link between the negligence and the complications you or your baby suffered due to the missed diabetes diagnosis or treatment.
• Damages – include all the harm suffered as a result, such as physical pain, emotional damage, long-term disability and financial losses.

It is essential to acknowledge that you can start a claim against the NHS, as well as a private healthcare provider. Your claim will not affect the budget allocated for patient care nor leave anyone out of pocket. Any money you receive will come from the insurance premiums each hospital and private medical professional must hold to cover such claims.

What evidence do I need to support my claim?

You will need various types of evidence to claim medical negligence compensation, such as:

• Records from your prenatal visits, showing any risk factors identified, when and how often you were screened for diabetes;
• Documentation of the treatments and care you received to manage your condition;
• Labour and delivery records showing any complications you suffered due to gestational diabetes;
• A review from a medical specialist about the expected standard of care and whether this was breached in your case;
• Statements from you and any family members or friends about how the condition has affected you or your baby;
• Any communication with healthcare providers regarding your condition and treatment;
• You will also need receipts and other evidence regarding the financial losses and expenses incurred, such as lost earnings and doctor visits.

Types of gestational diabetes negligence

A missed diagnosis of gestational diabetes or failure to manage the condition adequately can have severe consequences for both the mother and the baby. The medical staff caring for you must ensure you are well looked after and keep you safe from any risks that could affect your or your baby’s health. A breach of duty can occur if:

• Your doctor fails to consider your medical history;
• They do not assess your risk of developing gestational diabetes during your first antenatal appointment;
• There is a failure to recognise that you have developed symptoms of diabetes;
• You do not receive a glucose tolerance test for screening;
• Your doctor fails to manage your diabetes with appropriate treatment and care;
• There is a failure to recognise complications caused by your condition;
• Your doctor did not adequately manage the birth;
• You or your baby are not properly monitored for complications after delivery.

If the care you received fell below the expected standard, you may be eligible to make a gestational diabetes claim.

Can I make a claim on behalf of my child?

If your child suffered an injury due to gestational diabetes misdiagnosis, a medical negligence solicitor can help you claim on their behalf. To make a birth injury claim, you must first apply to the court to be named as your child’s litigation friend. Once appointed, your solicitor will help you gather the necessary evidence and contact the defendant to inform them of your allegations of negligence.

You will have several duties throughout the claims process, such as making decisions about the case and liaising with solicitors. If you win, the court must approve the awarded compensation. Once approved, the money will be kept in a court bank account until your child turns 18. Alternatively, your solicitor can help you set out a personal injury trust in their name, which will ensure the settlement will not affect your child’s entitlement to means-tested state benefits in the future.

How long do I have to claim compensation for gestational diabetes?

Generally, you have three years to make a gestational diabetes compensation claim, starting from the date you became aware of the negligence. This time limit is established by the Limitation Act 1980 and cannot be exceeded. After three years, you can no longer claim compensation. If you think you have a claim, you should get in touch with a solicitor as soon as possible, as this will help them put together a strong case.

There are some exceptions to the three-year rule that could apply when claiming for negligence relating to gestational diabetes:

• You can make a claim on behalf of your child at any time until their 18th birthday. If no claim is made, they will have until turning 21 to take legal action once they become an adult.
• If the injured mother cannot claim due to severe side effects or another condition that impacts mental capacity, the time limit is suspended. In such cases, a claim could be made by a litigation friend without any time limit.

How much is a gestational diabetes compensation claim worth?

How much you could receive for a medical negligence claim will depend on several factors, which include the type and severity of the injuries suffered and their long-term effects. Your solicitor will aim to secure the maximum amount of compensation on your behalf by including two types of damages in your claim:

General damages are awarded for non-monetary losses, which include:

• Physical pain and suffering
• Emotional and psychological impact
• Strain on relationships
• Impact on the quality of life and ability to enjoy activities you used to like
• Mental and physical disability

Special damages are awarded for financial losses and expenses incurred as a direct result of the negligence, such as:

• Costs of private treatments and prescriptions
• Income lost due to time off work
• The cost of help and assistance with tasks you are unable to manage
• Travel expenses to and from medical appointments

For example, you could receive between £91,950 and £124,800 for diabetic amputation of a leg below the knee and within £158,970 and £197,480 for severe damage to one or both kidneys.

Will I need to go to court?

If you or your child have suffered any harm due to a negligent medical professional, you may be eligible to make a claim for compensation. However, the thought that you may need to go to court can seem daunting and difficult to deal with. That could make you rethink your claim and discourage you from pursuing compensation.

If this worries you, it is essential to understand that personal injury claims rarely go to court, which only happens in complex cases. Usually, it is beneficial to both parties to settle a claim through negotiations, as this is less stressful, less expensive, and allows for a faster agreement.

Your case could go to court if the other side denies liability or if you cannot settle. In such cases, however, your solicitor will be able to represent you. If you do have to go to court, it may help to know there is no jury in civil courtrooms, and your case will only be heard by a judge.

Can I make a medical negligence claim with the help of a no win no fee solicitor?

If you have a valid claim for gestational diabetes misdiagnosis, your solicitor will offer you a no win no fee agreement. This type of arrangement means that you will not have to pay your solicitor unless your claim is successful, meaning there is no financial risk to you. If you win, they will get a pre-agreed percentage of your compensation as their success fee (capped at 25%). If you lose, you do not have to pay them anything.

To further protect against financial risks, your solicitor will also take out After the Event (ATE) insurance to cover costs such as court fees, medical reports and the defendant’s expenses if you lose the claim.

To find out if you are eligible to make a gestational diabetes compensation claim, call 0800 470 0474 today or request a call back.

Last edited on 14th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.