Gestational Diabetes Compensation Claims

Gestational diabetes is a condition that sometimes develops during pregnancy and with the right medical care, most women go on to have healthy babies. However, if midwives, doctors, or other medical professionals have failed to provide adequate care, you may be entitled to make a compensation claim.

The medical negligence team at JMW Solicitors will represent you through this process and provide the expert legal support you need. Compensation covers the pain, suffering and loss of amenity caused by complications from gestational diabetes, and any financial losses related to your condition. In the most serious cases, where diabetes leads to a lower limb amputation or diabetic retinopathy causes permanent loss of vision, compensation can pay for adaptations to your home or a vehicle to accommodate your new circumstances.

At JMW, we understand the distress that substandard medical care causes and will handle your gestational diabetes claim with sensitivity and professionalism. We will take on the bulk of the responsibility for your claim and help you to secure the diabetes compensation you need to support your recovery and future.

To learn more about how we can help or to start the process, call our team today on 0345 872 6666, or use our online enquiry form to request a call back at your convenience.

How JMW Can Help

The team of specialist medical negligence solicitors at JMW is dedicated to helping people who have been harmed by substandard medical care to claim compensation. We offer a compassionate and determined approach to every gestational diabetes claim, in recognition of the physical and emotional challenges that patients often face.

Our clinical negligence team is led by Eddie Jones and Angharad Hughes, both of whom are highly well-regarded across England and Wales for their work in this area. It also includes members of the Law Society’s specialist panel of clinical negligence solicitors and the Action against Medical Accidents (AvMA) solicitors panel. We have been recognised by independent legal guides such as the Legal 500 and Chambers & Partners as one of the leading law firms in the country for medical negligence.

We help you make gestational diabetes compensation claims if your care has been compromised by:

• A missed or delayed diagnosis of gestational diabetes
• Incorrect treatment or poor management of the condition
• Failure to monitor you or your baby properly during pregnancy, labour, or after birth

JMW's specialist medical negligence solicitors have extensive experience in handling complex diabetes claims, including those related to gestational diabetes. We handle most medical negligence claims on a no win, no fee basis, which means that you do not have to pay any legal fees if your claim is unsuccessful and you can start the process with no financial risk. Our goal is to make the process as stress-free as possible so that you can focus on your health and family.

Meet the Team

JMW's clinical negligence team has a strong reputation for success in securing compensation after the risks of developing diabetes were missed, or a correct diagnosis was not given. With many years of experience and a strong track record of independent third-party reviews, our experts can support you through the process of a diabetes claim from start to finish.

What Is Gestational Diabetes?

Gestational diabetes is a type of diabetes characterised by high blood sugar (glucose) levels that develops during pregnancy. Diabetes refers to several related conditions where the body ceases to produce insulin - a hormone that helps control blood glucose levels - or fails to use the insulin correctly. Specifically, gestational diabetes occurs when the body cannot produce enough insulin to meet the extra needs of pregnancy, so it usually disappears after the baby is born.

While gestational diabetes often has no obvious symptoms, some pregnant women may experience increased thirst, frequent urination, a dry mouth, or tiredness. Because these are also common during pregnancy, the condition is typically identified through a routine screening test. It is most common in the second or third trimester of pregnancy, and there are several risk factors that make it more likely that a pregnant woman will develop gestational diabetes:

• A body mass index over 30
• A previous pregnancy that resulted in a large baby
• Having had gestational diabetes in a previous pregnancy
• A family history of diabetes (usually meaning that a parent or sibling has the condition)
• Being of South Asian, Black, African-Caribbean, or Middle Eastern origin
• Having polycystic ovary syndrome

Midwives and doctors should identify these risk factors during early medical appointments and offer the appropriate screening test at the right time. If they fail to do so, the consequences for both the mother and baby can be severe, and this may amount to medical negligence that could entitle you to claim compensation.

What Constitutes Medical Negligence in Gestational Diabetes Cases?

All medical professionals, including midwives, obstetricians and GPs, have a duty of care to their patients. Medical negligence occurs when this duty is breached, and the care they deliver falls below the expected standard in a way that directly causes avoidable harm or injury. Gestational diabetes negligence claims can arise from several failures in care related to diagnosing the condition or preventing the most serious outcomes.

You could be entitled to make a gestational diabetes claim in situations where a midwife, doctor, or consultant fails to:

• Offer a screening test to pregnant women with known risk factors.
• Recognise symptoms of gestational diabetes.
• Interpret test results correctly, leading to a late or missed diagnosis.
• Provide an appropriate treatment plan with suitable advice on diet and exercise.
• Prescribe necessary medication to control blood glucose levels.
• Monitor the mother's blood sugar and the baby's growth throughout the pregnancy.
• Manage labour and birth correctly, such as by failing to recommend an early delivery or a caesarean section when necessary.
• Provide postnatal care or monitor the mother or baby for complications like low blood sugar after birth.

If you believe your care involved these or other failings, our medical negligence solicitors can investigate your case to determine if you have grounds for a diabetes medical negligence claim. The consequences of gestational diabetes misdiagnosis or mismanagement can be extremely serious, and failures on the part of doctors or other healthcare professionals can lead to lasting harm that would entitle you to compensation.

When Can You Make a Gestational Diabetes Claim?

Claiming compensation for gestational diabetes negligence requires us to show that medical mistakes led directly to serious harm. Unfortunately, undiagnosed gestational diabetes or the poor management of the condition can lead to serious health problems and birth injury for both the mother and baby, which affect both your eligibility to claim and how much compensation you may be entitled to.

The team at JMW has experience representing clients in diabetes compensation claims based on the following severe and avoidable effects of the condition:

Complications for the mother

Negligent medical care for gestational diabetes can cause significant health issues for the mother. These include:

• Pre-eclampsia, a serious condition involving high blood pressure during pregnancy.
• A higher chance of needing an induced labour or emergency caesarean section.
• The risk of a birth injury or traumatic birth.
• Future health problems including a significantly increased risk of developing Type 2 diabetes later in life.

If you have experienced harm such as any of the complications listed above, or believe that a medical professional failed to care for your gestational diabetes correctly, you may be able to seek compensation through a diabetes medical negligence claim.

Complications for the baby

When a mother's blood sugar is not properly controlled, it can cause the baby to grow much larger than usual (macrosomia). This increases the risk of a difficult vaginal delivery and can lead to serious birth complications, including:

• Shoulder dystocia, where the baby's shoulder becomes stuck during birth. This is a medical emergency and can cause nerve damage or oxygen deprivation, potentially leading to cerebral palsy or Erb’s palsy.
• Birth defects and injuries including fractures and nerve damage resulting from a traumatic birth.
• Premature birth.
• Low blood sugar (hypoglycaemia) or jaundice after birth, which can also lead to cerebral palsy without specialist hospital treatment.
• Stillbirth, in the most serious cases.

If your baby experienced any of the above complications due to gestational diabetes, or for a reason unrelated to a diabetes diagnosis, you may be entitled to medical negligence compensation. Speak to the team at JMW to learn more about the claims process and whether you are entitled to seek compensation for your experience.

What Is the Process of Making a Gestational Diabetes Compensation Claim?

To make a successful medical negligence compensation claim, JMW must prove that the care you received was negligent and that this negligence directly caused the injuries to you or your baby. Our specialist solicitors guide you through the process, which involves:

1. A free initial consultation: We will discuss your experience of medical negligence to understand the harm you experienced and how it may have been caused by poor-quality medical care. This allows us to advise you on your options for making a gestational diabetes compensation claim.
2. Gathering evidence: We obtain your medical records and statements from any relevant witnesses to build a clear picture of the care you received. We will typically arrange for an independent medical expert to assess the impact of the injuries by reviewing your medical evidence.
3. Establishing negligence: We use the evidence to determine who we believe was responsible for the negligent care and draw up a letter of claim. This is an opportunity to present the evidence to the responsible healthcare provider or NHS trust and outline how their actions constituted negligent care and led to avoidable harm.
4. Negotiation: The other party can deny or accept liability. We will negotiate on your behalf to secure the maximum diabetes compensation possible for your circumstances.
5. Court proceedings: If your claim goes to court, your legal team will stand beside you and present the evidence we have gathered to a judge to demonstrate that you are entitled to compensation. It is very rare for medical negligence claims to result in court proceedings.

At all stages, JMW will work through your case, so you can focus on recovering from your injuries and taking care of your family. You can find more information in our guide to the medical negligence claims process.

How Much Compensation Can You Get for Diabetes Medical Negligence?

The amount of compensation awarded in gestational diabetes negligence claims depends on the severity of the harm caused and its long-term impact. How much compensation you receive will be calculated based on:

• The pain and suffering associated with the injury, including both the physical and psychological impact.
• Loss of earnings if you have been unable to work in the aftermath. If your ability to work is permanently affected, this can also include lost future earnings.
• Cost of care for any ongoing treatment, therapy, specialist equipment, and rehabilitation needed for you or your child.
• Adaptations to your home or vehicle to accommodate any permanent disability caused by a poor standard of treatment.
• Travel expenses for medical appointments and other related travel.

At JMW, our team provides expert legal representation and works hard to ensure your compensation reflects all your needs. When your treatment was provided by the NHS, compensation comes from a separate entity called NHS Resolution that is designed to cover these costs, rather than from any operational budgets. This means that there are no unfair limits on what you can claim, and your compensation should account for the full impact of your injuries.

Is There a Time Limit for Gestational Diabetes Claims?

The time limit that will apply for a gestational diabetes claim will depend on the harm caused and who was affected by the negligence. For the mother, there will be a time limit of three years in which you must start the claims process. This usually begins from the date that the negligence occurred, but may begin from the date that the impact of the negligence was diagnosed, or that you realised the harm you experienced was caused by negligent treatment.

If you are claiming on behalf of your baby, no time limit will apply until they turn 18. This means that you can claim at any time before this as your child’s “litigation friend”, or they can make a claim on their own behalf until they turn 21.
Read our guide to learn more about the medical negligence claim time limit.

Q

Is gestational diabetes considered high-risk?

A

A pregnancy affected by gestational diabetes is considered high-risk. This is due to the potential for serious complications for both the mother and baby if the condition is not detected and managed effectively. This high-risk status means pregnant women with the condition should receive increased monitoring and specialist care throughout their pregnancy and during birth. If they do not, this may constitute medical negligence.