Misdiagnosis of Diabetes Claims

Is it possible to make misdiagnosis of diabetes claims if you were diagnosed with diabetes and then told you did not have it?

Answer:

Inasmuch as it is a clear case of medical negligence to be diagnosed with a disease that you do not have, in order to make misdiagnosis of diabetes claims it also has to be demonstrated that you sustained an injury or the deterioration of an existing condition due to the treatment you were prescribed. It is not enough to make a claim for the misdiagnosis of diabetes based on the misdiagnosis alone; you also have to experience a “negative event” which is directly attributable to the misdiagnosis before you can claim compensation for the misdiagnosis of diabetes.

As the management of Type 2 diabetes mostly revolves around exercise and diet, you might only be eligible to make misdiagnosis of diabetes claims for compensation if you have been misdiagnosed with Type 1 diabetes – which requires a regular intake of insulin to control high levels of blood sugar. Even then, you might have to take insulin for a long period of time before any “negative event” is noticeable which would make you eligible to claim for the misdiagnosis of diabetes.

It would be in your best interests to seek an appointment with an endocrinologist to determine if there have been any effects on your health due to the misdiagnosis of diabetes. If the endocrinologist discovers that a “negative event” has occurred, you should then speak with an experienced medical negligence solicitor to pursue a claim for the misdiagnosis of diabetes for, although liability for your negative event will not be in doubt, you still require the services of a solicitor to pursue misdiagnosis of diabetes claims for compensation as the Injuries Board Ireland only assess applications for personal injury compensation “other than a personal injury arising out of medical negligence”.

Your solicitor will write to your doctor – or the medical practitioner responsible for the original misdiagnosis – informing them that you are making a compensation claim for the misdiagnosis of diabetes and inviting them to make an offer of settlement. Offers of diabetes misdiagnosis compensation often come directly from the medical practitioner´s insurers, so it is always advisable to have a full assessment of your misdiagnosis of diabetes claim by your solicitor to determine how much compensation for the misdiagnosis of diabetes you should be entitled to in order to avoid inadvertently accepting an inappropriate offer.

Your solicitor will calculate what would be a suitable settlement of diabetes misdiagnosis compensation based on the nature and severity of your negative event in relation to your age and general state of health prior to the original misdiagnosis. The solicitor will also consider any ongoing health implications of the misdiagnosis and the impact that they may have on your quality of life. Thereafter, any expenses you have incurred due to the misdiagnosis of diabetes – including the cost of a consultation with an endocrinologist – will also be included in your claim for the misdiagnosis of diabetes.

If you need clarification on the above advice, or were misdiagnosed with one type of diabetes when you actually had the other, you should speak with an experienced medical negligence solicitor in Ireland at the first possible opportunity.