Have you been affected by a diabetes misdiagnosis?

If you’ve suffered due to late, false or misdiagnosis of diabetes, you could be entitled to make a no win no fee diabetes misdiagnosis claim.

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diabetes misdiagnosis claims

Diabetes Misdiagnosis Claims

Diabetes is usually a lifelong condition that needs adequate care to preserve a good quality of life. Early diagnosis and treatment are essential to manage the effects of high blood sugar levels and prevent complications such as amputations, kidney failure and heart disease.

Misdiagnosis of diabetes can have severe consequences and expose you to higher risks of mortality, morbidity and reduced quality of life. It can lead to avoidable pain and suffering, mental health issues and financial losses and may affect your ability to work and carry out daily activities.

If a healthcare professional has failed to diagnose your condition and this has caused you harm, you might be entitled to start a diabetes misdiagnosis claim. To find out if you are eligible for compensation, call 0800 470 0474 today or request a call back. A friendly legal adviser will assess your case and answer any questions you might have about the claims process.

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    What is diabetes?

    Diabetes is a chronic health condition that affects how your body handles blood sugar (glucose) and turns food into energy. After consuming food, the body breaks it down into sugar, which is then released into the bloodstream. As the glucose levels in your blood rise, the pancreas starts to secrete insulin, which serves as a key to unlocking your body’s cells and allowing glucose to enter them. Once inside the cells, glucose is used as an energy source to support various bodily functions.

    With diabetes, the pancreas either does not produce enough insulin or the body is unable to use it effectively. As a result, the blood sugar levels rise and can lead to severe health problems over time, such as vision loss, heart disease and nerve damage.

    What are the different types of diabetes?

    There are three main types of diabetes:

    Type 1 diabetes

    Type 1 diabetes typically develops during childhood or adolescence and occurs when the body’s immune system mistakenly attacks and destroys the insulin-producing cells in the pancreas. If you are diagnosed with this type of diabetes, you will require daily insulin injections or an insulin pump to manage blood sugar levels.

    Type 2 diabetes

    Type 2 is the most common type of diabetes and usually develops in adulthood, although it can occur at any age. It is often associated with lifestyle factors such as poor diet, lack of physical activity, and obesity. The body becomes resistant to the effects of insulin, leading to high blood sugar levels. It can be managed through lifestyle changes, oral medications, or insulin injections.

    Gestational diabetes

    Gestational diabetes develops during pregnancy when the hormones produced by the placenta interfere with the body’s ability to use insulin effectively. It typically starts around the 24th to 28th week of pregnancy and can affect the mother’s blood sugar levels. Gestational diabetes requires careful monitoring and management to ensure the health and well-being of both the mother and the baby. In most cases, it resolves after delivery, but it does increase the risk of developing type 2 diabetes later in life.

    What is pre-diabetes?

    Non-diabetic hyperglycaemia, also known as pre-diabetes, is a condition characterised by high blood sugar levels but not yet elevated enough to be diagnosed as diabetes. It is considered a warning sign that indicates an increased risk of developing type 2 diabetes if you do not take the necessary measures to manage blood sugar levels. Common causes of pre-diabetes include:

    Insulin resistance causes the body’s cells to become less responsive to the effects of insulin, resulting in elevated blood sugar levels.
    Family history and genetic factors can play a role in the development of pre-diabetes.
    Lifestyle factors, such as a sedentary lifestyle, poor dietary choices (high in processed foods and sugary beverages), and being overweight or obese, are significant risk factors for pre-diabetes.

    Pre-diabetes often shows no symptoms, which is why regular screenings are recommended for individuals at risk. If you are diagnosed with the condition, this is an opportunity to make positive lifestyle changes to prevent or delay the progression to type 2 diabetes. These could involve:

    • Adopt a balanced and nutritious diet that includes plenty of fruits, vegetables, lean proteins, and healthy fats;
    • Engage in regular physical activity, such as brisk walking, cycling, or other forms of exercise, to help improve insulin sensitivity and lower blood sugar levels;
    • Achieve and maintain a healthy weight to significantly reduce the risk of developing diabetes;
    • Schedule regular appointments with a healthcare professional to monitor blood sugar levels and overall health, which will help track progress and identify any changes.

    If your healthcare provider has failed to diagnose your hyperglycaemia and your condition progressed to type 2 diabetes, you might be entitled to make a misdiagnosed diabetes claim.

    Common causes and symptoms of diabetes

    Diabetes can be due to a combination of genetic, environmental, and lifestyle factors. The specific causes of diabetes can vary depending on the type of condition:

    • Type 1 diabetes is an autoimmune disease in which the immune system mistakenly attacks and destroys the insulin-producing cells in the pancreas. The exact cause of type 1 diabetes is not fully understood, but it likely involves a combination of genetic predisposition and environmental triggers, such as viral infections.
    • Type 2 diabetes usually develops due to both genetic and lifestyle factors. The main risk factors for type 2 diabetes include: being overweight, having a sedentary life, unhealthy eating habits, and a family history of diabetes. Other factors, like age, ethnicity, and certain medical conditions, can also contribute to type 2 diabetes.
    • Gestational diabetes occurs during pregnancy and is caused by hormonal changes that affect insulin resistance. It is more likely to occur in women who are overweight, have a family history of diabetes, or have previously had gestational diabetes.

    The symptoms of diabetes can vary depending on the type of diabetes and the individual, but the most common ones include:

    • Frequent urination occurs when excess sugar builds up in the bloodstream, and the kidneys work harder to filter and remove it;
    • Increased thirst is often a result of frequent urination as the body tries to replenish the lost fluids;
    • Unexplained weight loss despite an increased appetite because the body is unable to utilise the glucose for energy and starts burning fat and muscle tissue instead;
    • Feeling tired or fatigued is a common symptom of diabetes. When glucose cannot enter the cells to be used as energy, the body may feel depleted and lacking in energy;
    • Blurred vision and other vision problems, as high blood sugar levels can cause changes in the shape of the lens in the eye;
    • Slow healing of wounds, causing minor cuts and sores to take longer to heal than usual;
    • Increased susceptibility to infections, such as urinary tract, yeast, and skin infections;
    • Tingling or numbness, especially in the hands and feet, as prolonged high blood sugar levels can damage nerves.

    If your GP or another medical professional has failed to recognise your symptoms and you received a diabetes misdiagnosis, you might be entitled to compensation. To find out if you have a valid claim, speak to an experienced legal adviser by calling 0800 470 0474 for a free consultation.

    How is diabetes diagnosed?

    Diabetes is diagnosed through a combination of medical history, physical examination, and various blood tests. The diagnostic process may include the following steps:

    Medical history

    Medical history plays an important role in diagnosing diabetes. Your healthcare provider will ask you about your personal and family medical history to assess your risk factors and determine if diabetes may be a possibility. Some aspects of medical history they may consider include:

    • The symptoms you may be experiencing, such as frequent urination, excessive thirst, unexplained weight loss, fatigue, blurred vision, or slow healing of wounds;
    • Whether any family members have been diagnosed with diabetes, as having a family history of the condition can increase your risk;
    • Your past medical records to identify any conditions or factors that may contribute to diabetes, such as polycystic ovary syndrome (PCOS), high blood pressure, obesity, or a history of gestational diabetes;
    • Medications and lifestyle factors, such as diet, physical activity, and smoking habits, as these can impact diabetes risk;
    • Other health conditions commonly associated with diabetes, such as cardiovascular or kidney disease.

    This information, along with further testing, will help doctors make an accurate diagnosis and decide the appropriate treatment plan. It is essential to provide thorough and accurate information during the medical history assessment to ensure a comprehensive evaluation.

    Physical examination

    A physical examination is necessary for diagnosing diabetes. During a physical exam, your doctor may perform the following assessments:

    • Measure your body weight and height to calculate your body mass index (BMI). Obesity is a risk factor for diabetes, and an elevated BMI may indicate increased susceptibility.
    • Measure your blood pressure using a cuff and stethoscope, as high blood pressure is commonly associated with diabetes.
    • Examine your skin for signs associated with diabetes, such as darkened patches or skin infections that may be more common in individuals with diabetes.
    • Perform an eye examination, checking for any signs of damage to the blood vessels in the retina, which can indicate diabetic retinopathy.
    • Check your feet and legs for any signs of nerve damage, poor circulation, or foot ulcers, which are common complications of diabetes.

    While a physical examination alone can provide important information, it is insufficient to diagnose diabetes definitively. Laboratory tests, such as blood glucose tests, are typically required to confirm the diagnosis. The physical examination helps the healthcare provider assess your overall health and identify any potential complications associated with diabetes.

    Blood tests

    • The Fasting Plasma Glucose (FPG) test measures your blood sugar level after fasting for at least 8 hours. A result of 126 milligrams per deciliter (mg/dL) or higher on two separate occasions indicates diabetes.
    • The Oral Glucose Tolerance Test (OGTT) involves drinking a sugary solution, followed by blood sugar measurements at different intervals. A blood sugar level of 200 mg/dL or higher after two hours indicates diabetes.
    • Haemoglobin A1c (HbA1c) test provides an average of your blood sugar levels over the past two to three months. An HbA1c level of 6.5% or higher indicates diabetes.

    Random blood sugar test

    If you have severe symptoms of diabetes, a random blood sugar test may be done at any time. A blood sugar level of 200 mg/dL or higher, along with other symptoms, may suggest diabetes.

    If your healthcare provider has failed to give you a correct diagnosis and this has caused you pain and suffering, you might be entitled to make a diabetes misdiagnosis claim.

    Diabetes management and treatment

    If you have been diagnosed with diabetes, you will typically need to make some lifestyle changes, take medication and have regular checks, including blood tests. The specific approach may vary depending on your type of diabetes and circumstances, but some key aspects of diabetes management and treatment include:

    • Maintaining a balanced and nutritious diet that involves controlling portion sizes, limiting sugary and processed foods, and focusing on whole grains, lean proteins, fruits, vegetables, and healthy fats;
    • Engaging in regular exercise helps lower blood sugar levels, improve insulin sensitivity, and maintain a healthy weight;
    • Regularly checking blood sugar levels using a blood glucose meter helps you understand how your body responds to different foods, activities, and medications. It allows you to make informed decisions about managing your diabetes effectively;
    • Depending on the type of diabetes, your healthcare provider may prescribe oral medications or insulin injections to help regulate blood sugar levels;
    • Ongoing monitoring and regular medical visits are important for assessing your diabetes management progress, adjusting treatment plans as needed, and identifying any potential complications early on.

    Diabetes management is a lifelong commitment, and it is essential to work closely with your doctor to develop a personalised treatment plan that suits your needs. By actively managing your condition, you can reduce the risk of complications and maintain a good quality of life.

    Can I claim compensation if my healthcare provider has failed to diagnose my diabetes?

    All healthcare professionals must exercise a reasonable standard of skill and knowledge when treating you. Anything that falls beneath the accepted care standard can be seen as negligence and might entitle you to start a personal injury claim.

    As a general rule, you should be entitled to compensation for misdiagnosed diabetes if your solicitor can prove that a medical professional breached their duty of care towards you, causing you avoidable harm or complications. Some examples of scenarios where it may be appropriate to start a misdiagnosed diabetes compensation claim include:

    • The medical professional did not listen to you about your symptoms and made a diagnosis anyway;
    • They overlooked or dismissed clear indicators of diabetes where other professionals would not have;
    • Errors in interpreting test results or failing to perform the necessary tests;
    • Incorrect classification of diabetes type, resulting in improper treatment plans and compromised outcomes;
    • A loved one has died due to complications caused by a misdiagnosis of diabetes;
    • You were not given the appropriate medication for your condition;
    • You had to go through an avoidable or unnecessary surgical procedure, such as an amputation, due to a delayed diagnosis;
    • Failure to consider atypical presentations of the condition;
    • Inadequate communication between healthcare professionals, causing essential information to be overlooked or misunderstood;
    • Failure by your GP to refer you to a specialist when you should have been;
    • Unnecessary delays in diabetes treatment which has led to reduced quality of life.

    To find out if you are entitled to compensation for misdiagnosed diabetes, call 0800 470 0474 today for a free consultation with a legal adviser. Or, if you prefer, you can enter your details to receive a call back, with no obligation to proceed with a claim.

    What are the potential medical complications of diabetes misdiagnosis?

    Diagnosing diabetes as early as possible is essential to start a treatment plan and prevent severe side effects. A delayed or false diabetes diagnosis can be life-threatening and lead to complications such as:

    • Heart attack and stroke – When blood sugar levels are consistently high, this can damage the blood vessels and increase the risk of plaque build-up, which can block blood flow and increase the risk of coronary artery disease, a heart attack or stroke;
    • Nerve damage – Elevated blood sugar levels over a prolonged period can damage the nerves throughout the body, mainly affecting the arms and legs;
    • Amputations – Amputations are a potential complication of diabetes, particularly when the condition is not well managed or when complications such as peripheral arterial disease (PAD) and diabetic neuropathy are present;
    • Kidney disease and failure – Over time, high blood sugar levels can damage the blood vessels in the kidneys, impairing their ability to filter waste and excess fluids from the body. If left untreated or poorly managed, this can lead to kidney failure, requiring the affected person to undergo dialysis or kidney transplantation to sustain life;
    • Blindness – Diabetes can also damage the blood vessels in the retina, causing it to swell and impairing its ability to transmit clear visual signals to the brain;
    • Peripheral arterial disease (PAD) – It is a common complication of diabetes that occurs when there is a build-up of fatty deposits and plaque in the arteries that supply blood to the legs and feet;
    • Miscarriage and stillbirth – Uncontrolled high blood sugar levels in pregnant women with diabetes can negatively impact the health of the developing foetus;

    If you have developed any of the above or other complications due to the misdiagnosis of diabetes, you might be entitled to start a compensation claim.

    What if I was wrongly diagnosed with diabetes?

    To be wrongly diagnosed with diabetes means that a healthcare professional has falsely determined that you have diabetes when, in fact, you do not. This type of misdiagnosis can also have significant consequences, as it may lead to unnecessary treatments, lifestyle modifications, and emotional distress. Some possible scenarios that can contribute to a wrongful diagnosis of diabetes include the following:

    Inaccurate laboratory tests

    The results of blood tests used to diagnose diabetes, such as fasting blood glucose or haemoglobin A1c tests, may be misinterpreted or affected by factors that can lead to an incorrect diagnosis.

    Misinterpretation of symptoms

    The symptoms of diabetes, such as increased thirst, frequent urination, unexplained weight loss, and fatigue, can also be attributed to other medical conditions. Misinterpreting these symptoms without conducting thorough evaluations can result in a wrongful diagnosis.

    Diagnostic errors

    Doctors may rely on incomplete or incorrect information during the diagnostic process, leading to a misdiagnosis. Factors such as medical history, family history, lifestyle factors, and physical examination findings should all be considered for an accurate diagnosis.

    Insufficient follow-up testing

    Diabetes diagnosis often requires multiple tests and investigations over time to confirm the presence of the condition. If follow-up testing is inadequate or omitted, it can lead to a false diagnosis.

    Diabetes misdiagnosis can impact you physically, emotionally and financially. It may result in unnecessary medical interventions, medication, dietary restrictions, and lifestyle modifications. Moreover, the emotional impact of being misdiagnosed and then learning the diagnosis is incorrect can cause stress, anxiety, and confusion.

    If you suspect you have been wrongly diagnosed with diabetes, it is essential to seek a second opinion from another specialist to confirm or reassess the diagnosis. If you have suffered due to substandard care, you should contact a personal injury solicitor as soon as possible to find out if you might be eligible for compensation.

    What are the time limits for starting a diabetes misdiagnosis claim?

    The general limitation period to start a claim for misdiagnosis of diabetes is three years from the date of the negligent treatment or the date you first became aware of the negligence. Under the Limitation Act 1980, if you do not start legal proceedings within this period, you will likely be unable to take your case any further.

    There are several exceptions to this rule:

    • For children, this three-year period begins on their 18th birthday, so they have until they’re 21 to make a claim. A parent or legal guardian could claim on behalf of a minor at any time, regardless of when the child received the false diabetes diagnosis.
    • If the claimant has experienced severe side effects or cannot claim due to a pre-existing disability, the time limit will be waived until they regain capacity.
    • If a loved one has passed away due to complications caused by diabetes misdiagnosis, you have three years to claim compensation from the date of their death. Alternatively, the three years could start to run on the date a post-mortem confirmed the cause of death.

    If you suffered due to misdiagnosed diabetes, it is essential to consult with a personal injury solicitor who specialises in medical negligence claims as early as possible. As a general rule, the sooner you seek legal advice, the easier it is to gather evidence and build a strong claim to secure compensation.

    Can I make a claim on behalf of my child?

    As a parent or legal guardian, you may be eligible to claim compensation for your child if they have received a diabetes misdiagnosis. A false diabetes diagnosis in a child can have significant consequences for their health and well-being, and seeking compensation can help address the emotional and financial impact of the negligent diagnosis.

    To start a claim on behalf of your child, you must apply with the court to be appointed as their litigation friend. They will determine your eligibility by verifying whether you have a conflict of interest with the child and that you can conduct legal proceedings fairly and competently.

    Your responsibilities as a litigation friend include:

    • Act in the best interests of the child and make decisions that promote their welfare
    • Communicate with and provide instructions to the solicitor handling the case
    • Make decisions on behalf of the child
    • Assist your solicitor in gathering relevant evidence, such as medical records
    • Consider any settlement offers you might receive from the defendant
    • Pay any fees requested by the court
    • Attend court hearings and other legal proceedings

    If you manage to secure compensation for your child’s misdiagnosis of diabetes, you will need to attend an Infant Approval Hearing before a judge. This is a legal proceeding that takes place in court to seek the court’s approval of a settlement on behalf of a minor. During the hearing, the judge will review the evidence and consider factors such as the nature and extent of the injuries, the long-term impact on the child’s life and any ongoing medical needs or future expenses to ensure that the compensation they received is reasonable and adequate.

    Once the case concludes, your solicitor can also help you set up a personal injury trust for your child, ensuring their compensation does not affect their eligibility for means-tested state benefits. By setting up a trust, your child’s settlement will be securely protected, even as they transition into adulthood and remain separate and independent from their other assets.

    How much compensation could I receive for misdiagnosed diabetes?

    Misdiagnosis of diabetes can have a significant impact on your health and well-being, as well as your ability to work and carry out daily activities. If it was due to medical negligence, you might be entitled to compensation for all the pain, suffering and financial losses you incurred.

    You can typically recover two types of damages in a claim for misdiagnosed diabetes:

    General damages are awarded for non-financial losses and impacts on your life based on factors such as the severity of the misdiagnosis and the resulting complications. Some potential components of general damages in a diabetes misdiagnosis claim may include:

    • Physical pain and suffering
    • Emotional and psychological distress
    • Scarring and disfigurement
    • Loss of enjoyment of life due to health complications
    • Loss of consortium and companionship
    • Reduced quality of life and life expectancy
    • Loss of amenities

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

    • The costs of diagnostic tests, treatments, medications, hospital stays, consultations, and ongoing medical care
    • Expenses incurred in physical therapy, occupational therapy, counselling, or other forms of rehabilitation necessary to manage the effects of the misdiagnosed diabetes
    • Past and future lost earnings, diminished earning capacity, and the impact on potential career opportunities
    • Travel expenses associated with seeking medical treatment, consultations, or specialised care
    • The cost of hiring care and assistance due to the resulting health complications
    • Adaptations to your home or vehicle to accommodate a disability caused by the misdiagnosis of diabetes
    • Medical aids and equipment, such as insulin pumps or diabetic footwear

    Special damages are calculated based on the evidence you can produce of financial losses, such as pay slips, receipts and invoices. To calculate a suitable compensation award for general damages, your solicitor will refer to the guidelines published by the Judicial College, according to which you could receive:

    • Up to £268,720, for vision problems, with the highest award for total blindness in both eyes
    • Between £169,400 and £210,400 for total loss or severe damage to both kidneys
    • Around £153,870 for loss of male reproductive organs
    • Between £114,900 and £170,280 for female infertility
    • Up to £140,660 for loss of bladder control or function
    • Between £49,350 and £72,330 for the amputation of several fingers
    • Between £66,930 and £87,410 for amputation of one foot

    After a thorough review of your case, your solicitor will be able to give you an informed estimate of how much compensation you could receive for your false diabetes diagnosis.

    Can I make a medical negligence claim on a No Win No Fee basis?

    If you were wrongly diagnosed with diabetes and your solicitor believes you are entitled to compensation, they will offer you a 100% no win no fee service*. Also known as a Conditional Fee Agreement, this is a type of arrangement commonly used in personal injury claims where the solicitor agrees to provide their services without charging any upfront fees.

    Under a CFA, your solicitor’s fees are contingent upon the successful outcome of the case. If your claim for misdiagnosis of diabetes is successful, they will be entitled to a percentage of the compensation awarded, known as a success fee. By law, the success fee cannot be more than 25% of the general damages and past financial losses, and you will agree upon it before starting legal proceedings.

    However, if your case is unsuccessful and you do not receive compensation, you do not have to pay any legal fees to the solicitor. This arrangement aims to make legal representation more accessible and affordable for individuals who may not have the financial means to pay upfront legal costs.

    As part of the no win no fee agreement, your solicitor will also make sure you are protected by an After the Event (ATE) insurance policy. The ATE is a type of legal expenses insurance which provides coverage for legal costs and expenses associated with pursuing a misdiagnosed diabetes claim, such as:

    • The other side’s solicitor fees
    • Court and counsel fees
    • Expert witness fees
    • The cost of medical reports
    • Paralegal and other staff time
    • Costs of printing and copying
    • Travel expenses related to the claim

    The premium for ATE insurance is only payable if you win the claim and is typically deducted from the compensation awarded. The ATE helps mitigate the financial risks associated with pursuing a legal claim, allowing you to proceed without worrying about the potential costs if the outcome is unfavourable. This ensures that, if your case fails, you will not be left out of pocket.

    If you believe you may have a valid diabetes misdiagnosis claim, use our online claim form or call 0800 470 0474 today to speak to a legal adviser. They can let you know whether you are eligible for a no win no fee service and answer any questions you might have.