Medical Misdiagnosis Claims
Misdiagnosis is one of the most severe and devastating errors that can be made within the medical profession. When a patient presents symptoms to a…
Read moreHave 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 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.
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.
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.
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.
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:
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.
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:
The symptoms of diabetes can vary depending on the type of diabetes and the individual, but the most common ones include:
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.
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:
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:
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
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.
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:
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.
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:
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.
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:
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.
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.
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:
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.
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:
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.
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:
Special damages are awarded for the quantifiable financial losses and expenses incurred as a direct result of the medical misdiagnosis, such as:
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:
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.
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 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.