Diabetes Negligence

Diabetes is a condition that results in a person’s blood sugar level becoming too high. There are two main types of diabetes:

• Type 1 diabetes: a lifelong condition where the body’s immune system attacks and destroys the cells that produce insulin
• Type 2 diabetes: occurs when the body does not produce enough insulin, or the body’s cells do not react to insulin properly. Type 2 diabetes is more common than Type 1, accounting for over 90% of all adults with diabetes in the UK

Additionally, gestational diabetes is high blood sugar that develops during pregnancy and usually resolves after giving birth.

Diabetes compensation claims arise when individuals with diabetes receive substandard medical care that fails to meet the established norms, often leading to preventable complications. These claims are not just about financial redress; they serve to acknowledge the impact of negligent care on a patient’s life and wellbeing.

Diabetic negligence usually occurs in one of two situations:

1. During the initial diagnosis
2. During the monitoring and treatment of the condition

1. Delays in initial diagnosis

In the first scenario, the diagnosis of treatment may be delayed. Despite a patient showing the signs of diabetes, the symptoms may be dismissed or misdiagnosed.

Early symptoms include:

• Blurred vision
• Excessive thirst
• Fatigue
• Frequent urination
• Hunger
• Irritability
• Weight loss

In cases where a medical professional causes a delayed diagnosis, the condition is likely to worsen. Advanced cases of diabetes are associated with numerous complications, such as blindness, neuropathy and kidney failure, which pose a significant risk to the patient’s overall health.

If you or a loved one have been subjected to clinical or medical negligence as a result of a delay in your diagnosis, you could be entitled to claim compensation. The damages awarded could help to improve your quality of life and cover the cost of any future treatment needs or loss of earnings.

2. Negligent treatment of diabetes

In the second scenario, such issues can be avoided through appropriate monitoring and pre-emptive treatment.

Comprehensive diabetes care includes regular monitoring, appropriate medication, lifestyle advice and emergency care guidelines. The NHS outlines specific care standards that health professionals should adhere to for both type 1 and type 2 diabetes.

Individuals who suffer from type 2 diabetes should receive regular monitoring and testing from their doctor every year.

These should include:

• Blood glucose level
• Blood pressure
• Cholesterol
• Kidney function (urinary albumin)
• Kidney function (serum creatinine)
• Weight measurement
• Smoking check
• Eye exam

Unfortunately, a significant number of patients in England do not receive their routine tests each year, which puts their health at risk. If untreated or poorly managed, diabetes can cause a full range of dangerous conditions.

Patients with type 1 diabetes take insulin as part of their treatment in order to ensure their blood sugar levels stay healthy. The only way to get insulin into the body is through an injection, or with a specially-designed pump.

Negligence in diabetes care can lead to a range of severe health issues, including cardiovascular disease, kidney damage and vision impairment. In extreme cases, it can result in life-threatening conditions. The physical toll, however, is just one aspect. The emotional and psychological strain that comes with managing inadequate care and the resulting health complications cannot be overstated. Patients often experience heightened stress, anxiety and, in some cases, depression, which can severely impact their overall quality of life.

The economic complications arising from diabetic negligence often include substantial medical expenses, potential loss of earnings due to the inability to work and the possible need for long-term care or support. Furthermore, the strain of dealing with these complications often spills over into patients social and family lives, affecting their relationships and interactions, thereby impacting their overall life satisfaction and wellbeing.

When you make a diabetes negligence claim, we want to hear all about how it has affected you. You will be able to claim compensation for all of these impacts if you can provide evidence for them – which we will help you to gather. We appreciate that it can be difficult to discuss these personal issues, but we bring a holistic and compassionate approach to every consultation, understanding that each of our client’s cases is unique.

In a considerable number of cases, diabetes complications are often found to have been preventable, and where this can be proven, there are grounds for the patient to make a claim for compensation. We understand the breadth and depth of the various forms of diabetes negligence that can occur. Our expert clinical & medical negligence solicitors have a great deal of experience in dealing with medical negligence claims, and we are best placed to provide legal advice in this area.

Our team of specialist diabetes lawyers is on hand to help you every step of the way through your claim, and we are happy to provide support at what we know is a difficult time for you and those close to you.

The process of claiming for negligent diabetes treatment involves several key steps. It is important to note that every claim is different depending on the unique circumstances, but they follow a general structure that you can expect:

1. Initial consultation: contact us for an initial discussion about your situation. Here, we will want to know about how the negligence treatment has affected you and we will likely ask questions to get a picture of what you will be able to claim compensation for. We will also explain the process going forward, how we can help and what may be expected of you
2. Gathering evidence: if you decide to proceed with your claim, we will begin to gather the necessary evidence that will support your claim. This will require you to have a medical assessment, which will generate a medical report – an essential piece of evidence for any medical negligence claim. Other evidence may include witness statements, diary logs and financial records
3. Filing the claim: your solicitor will help file a formal claim against the healthcare provider or practitioner responsible for the negligence, handling all communications on your behalf
4. Negotiating settlement: your solicitor will negotiate with the other party or their insurance company for a fair settlement. In the majority of cases, this is how medical negligence claims are resolved
5. Going to Court (if necessary): if a settlement cannot be reached, your case may go to Court. Your solicitor will represent you throughout the Court proceedings, presenting your evidence as an argument for why you deserve compensation and fighting for your rights.
6. Receiving compensation: following a successful claim, you will receive compensation, which may include damages for pain and suffering, lost income, medical expenses, and any necessary lifestyle adjustments

Clinical and medical negligence claims are generally subject to a three-year time limit, as per the Limitation Act 1980. This time frame may be counted from the date of the negligence or from the date when you first connected the harm you suffered with the negligent action. In certain cases, extensions to the three-year limit may be granted – such as if the claim involves a child or someone who lacks mental capacity. To learn more, please call us as soon as possible.

The duration of clinical or medical negligence claims, including those for diabetes negligence, can vary considerably. Simple claims with minor injuries and clear evidence of negligence can be resolved in just a few months, especially if the defendant admits negligence. However, more complex and serious cases typically take an average of two to three years. The length of the claim can be affected by the complexity of the case, the seriousness of the injuries, and the response of the defendant.

During your initial consultation, and throughout your case, we will offer insight into how long you can expect your case to take, and explain the factors that may affect this.