Is it possible to claim misdiagnosis of diabetes compensation if you were originally diagnosed with diabetes and later told you did not have it?

Eoin P. Campbell, LL.B., Solicitor

Editor in Chief

Eoin P. Campbell

Answer:

Inasmuch as it may appear to be a clear case of medical negligence to be initially diagnosed with a disease that you do not have, in order to claim misdiagnosis of diabetes compensation it also has to be shown that you sustained an injury or the deterioration of an existing condition due to the treatment you were prescribed for the non-existent diabetes. You will be unable to make a claim for compensation for the misdiagnosis of diabetes based on the misdiagnosis alone; you also must have experienced a “negative event” which is directly attributable to the misdiagnosis.

As Type 2 diabetes is mostly managed by exercise and diet, you might only be eligible to claim misdiagnosis of diabetes compensation if you have been misdiagnosed with Type 1 diabetes – which requires that you regularly take insulin to control high levels of blood sugar. Even then, depending on other elements of your health, you might have to take insulin for a substantial period of time before any “negative event” is noticeable – which would then make you eligible to claim compensation for the misdiagnosis of diabetes.

In order to support a claim for the misdiagnosis of diabetes compensation you should undergo an examination by an endocrinologist to determine if there have been any negative effects on your health due to the misdiagnosis of diabetes. If the endocrinologist determines that a “negative event” has occurred, you should then speak with an experienced medical negligence solicitor to pursue a claim for compensation for the misdiagnosis of diabetes.

A solicitor acting on your behalf will write to your doctor – or the medical practitioner responsible for the initial misdiagnosis – informing them that you are making a compensation claim for the misdiagnosis of diabetes and supporting the Letter of Claim with the testimony of the endocrinologist that you do not suffer from diabetes but have suffered a negative event as a result of the medical practitioner´s misdiagnosis.

Once liability for the misdiagnosis and your injuries has been accepted, your solicitor will calculate how much compensation for the misdiagnosis of diabetes you are entitled to and negotiate a settlement with the negligent medical practitioner´s insurance company. Should you receive a direct offer of misdiagnosis of diabetes compensation from the insurance company, you should inform your solicitor to ensure it represents an adequate amount before you accept it.

If you need clarification on the above advice about claiming compensation for the misdiagnosis of diabetes, or were misdiagnosed with one type of diabetes when you actually had the other, you should speak with an experienced medical negligence solicitor at the first practical opportunity.