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A Guide To Diabetes Compensation Claims

Are you looking for guidance on diabetes compensation claims? Do you feel that your diabetic condition was missed or made worse by poor treatment? This guide explains your options after medical negligence and what you can do to seek compensation for your pain, suffering and financial losses.

The guide will start by defining diabetes as a condition and what a compensation claim like this needs to show. After this, we explain the essential evidence that can support a diabetes claim. Time limits apply when claiming for medical negligence and we discuss these before looking at compensation itself – what it can cover and how it is calculated.

The final section of our guide explores how one of our solicitors could help build your claim and represent you using a type of No Win No Fee agreement.

As you read, please feel free to connect with our friendly advisors at any point. They offer free information and guidance, and can also provide an assessment of your claim. If it’s strong, they could connect you to a solicitor to get started today:

  • Discuss your medical negligence claim on 0800 073 8804
  • Ask the live chat a question about negligent treatment.
  • Or see how much compensation you might be owed and start a claim online.

PAPERWORK READING 'MEDICAL NEGLIGENCE' ON A DESK

Jump To A Section

  1. What Is Diabetes?
  2. What Are Diabetes Compensation Claims?
  3. What Is Diabetes Negligence?
  4. How Do I Claim For Diabetes Negligence?
  5. What Is The Time Limit For Diabetes Compensation Claims?
  6. How Much Compensation For Diabetes Negligence?
  7. Can I Make A Diabetes Compensation Claim On A No Win No Fee Basis?
  8. Read More About Making Medical Negligence Claims

What Is Diabetes?

The NHS resources describe diabetes as a condition that causes blood sugar levels to become too high. There are two categories:

  • Type 1 diabetes – This is a permanent condition where the immune system attacks and destroys the cells that create vital insulin.
  • Type 2 diabetes – A condition where the body does not produce sufficient insulin, or the body’s cells don’t react properly to it. This type of diabetes is much more common, affecting 90% of adult diabetes sufferers.

Symptoms include:

  • Acute thirst.
  • Frequent urination, especially at night.
  • Fatigue.
  • Weight loss and reduction in muscle.
  • Genital itching.
  • Blurred vision.
  • Cuts and wounds taking longer to heal.

Diabetes needs to be diagnosed as early as possible because it tends to worsen if left untreated. If undetected, diabetes can lead to serious circulatory problems and hypoglycemic episodes. In some cases, amputation of the lower limbs is required. This can create additional long-term health problems.

You could be owed compensation for healthcare negligence that led to harm like this, so why not speak with our advisors to learn more about diabetes compensation claims?

PERSON CHECKING THEIR BLOOD SUGAR WITH A FINGER TIP READER

What Are Diabetes Compensation Claims?

All healthcare and medical professionals have a duty of care to their patients. This means that the patient should be provided with the expected level of care.

In order to make a medical negligence claim, you need to show these professional standards were not met. The eligibility requirements are as follows:

  1. A medical/healthcare professional must have owed you a duty of care.
  2. They breached this duty.
  3. This breach caused you to suffer avoidable or unnecessary harm.

If you feel confident that your healthcare provider failed to meet the necessary care standards and you received incorrect treatment, speak to our advisory team about the eligibility for diabetes compensation claims.

What Is Diabetes Negligence?

Medical negligence involving diabetes can occur as follows:

  • Misdiagnosis – The healthcare provider can either incorrectly diagnose the type of diabetes or fail to spot the condition at all despite presenting with symptoms of the condition. This can create delayed treatment and damaging mismanagement of the condition, leading to ulcers and infections.
  • Medication errors – The healthcare provider can prescribe the wrong medication or incorrect dosage. This can occur during administration or because of dispensing errors. Errors like this can lead to dangerous hypoglycemic episodes.
  • Delayed treatment – Patients often experience complications with diabetes such as diabetic ketacidosis (DKA) or hyperosmolar hyperglycemic state (HHS) which can prompt life-threatening situations requiring immediate medical attention. Amputation, particularly of the foot is sometimes necessary.

If you received delayed diagnosis or incorrect treatment for your diabetes that caused you harm, speak to our team about diabetes compensation claims.

How Do I Claim For Diabetes Negligence?

Claims for medical negligence need evidence that proves the healthcare profession failed to deliver the correct level of care. With this in mind, some examples of proof that could be useful for medical negligence claims include:

  • Medical records that show any diagnosis you received.
  • Records of treatments or notification of any known allergies.
  • Copies of your prescription forms and the packaging it came in.
  • Any correspondence with the medical institution or medical professionals that treated you.
  • Duplicates of blood test results and specialist reports.

Another action is to see if a solicitor can help with your diabetes compensation claim. Call our team on the number above for structured information about gathering evidence for diabetes compensation claims.

DOCTOR WITH HEAD IN HANDS AT DESK

What Is The Time Limit For Diabetes Compensation Claims?

Normally there is a 3-year time limit for starting a medical negligence claim as set out in the Limitation Act 1980. This time limit runs from:

  • The date the medical negligence occurred.
  • Or the date of knowledge. This is the date when the person first realised that the harm suffered was caused by a breach of the medical professional’s duty of care (or should have realised).

However, certain exceptions to this time limit apply:

  • A pause applies to the time limit for patients under the age of 18. Instead, the three-year period starts from the date that they turn 18, allowing them until age 21 to start their own claim.
  • A freeze applies to the time limit for claimants who lack the mental capacity to make their own claims. Instead, the three-year time limit is reinstated from any date that they regain mental capacity.

In both these cases, when the harmed party cannot claim for themselves due to being underage or lacking capacity, a responsible party, such as a concerned parent or sibling can be appointed by the courts to act as a litigation friend and start a claim on their behalf. Call for more information about the time limits for diabetes compensation claims. 

How Much Compensation For Diabetes Negligence?

Successful claims for medical negligence can result in compensation that covers two areas called general and special damages.

Under the head of loss called general damages, the pain and suffering are compensated. Those tasked with the calculations use medical evidence and often consult publications like the Judicial College Guidelines (JCG).

This document lists award guidelines for a variety of injuries and illnesses based on their severity. We’ve compiled a table of potential diabetes-related injuries to illustrate below. However, please bear in mind these are purely guideline amounts. Also, please note that the figure given in the first row was not taken from the JCG.

Compensation Guidelines

Type of HarmSeverityCompensation Guideline
Multiple severe types of harm with special damagesVery SevereUp to £1 million plus
Leg AmputationsLoss of Both Legs£293,850 up to £344,150
One Leg is Lost Below the Knee£119,570 up to £162,290
Foot InjuriesAmputation of Both Feet£206,730 up to £245,900
Amputation of One Foot£102,470 up to £133,810
Toe InjuriesAmputation of All the Toes£44,570 up to £68,430
Amputation of the Great ToeIn the region of £38,210
Eye InjuriesComplete Loss of Sight in One Eye£60,130 to £66,920
General Psychiatric DamageModerately Severe£23,270 to £66,920
SpleenLoss of spleen with risk of internal infections.£25,380 to £32,090

Can I Claim For Loss Of Earnings In A Medical Negligence Claim?

Under the head of loss called special damages, you could be reimbursed for the financial impact of the medical negligence. It is necessary to present documented proof of these out-of-pocket expenses, such as:

  • Any payslips that show a loss of earnings or how your capacity to work was adversely affected.
  • Paid invoices for medical equipment or alterations to your home that were needed.
  • The proof of payment to family and friends, or professional carers who looked after you.
  • Tickets and fares for travel to essential appointments.
  • Medical costs for treatment you had to pay for.

Other expenses may be eligible for inclusion, so it’s a good idea to keep hold of everything. If you work with a solicitor they can comb through this paperwork with you and advise accordingly. Call to learn more about diabetes compensation claims and how a solicitor can help you today. Additionally, one of our advisors can value your medical negligence claim.

NO WIN NO FEE SOLICITOR AGREEING MEDICAL NEGLIGENCE DIABETES COMPENSATION CLAIM WITH A CLIENT

Can I Make A Diabetes Compensation Claim On A No Win No Fee Basis?

Our medical negligence solicitors can offer an array of excellent services to people looking to make diabetes compensation claims. In addition to calculating the amount of damages owed to you, they can deal with the court correspondence as and when it arises. Claims of this nature can become complex, so it’s a real help to know that yours is in safe, expert hands.

Our solicitors work under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). This affords numerous benefits to the claimant, such as:

  • No requirement to pay upfront solicitor’s fees.
  • No need to pay fees for work going forward.
  • Nothing is owed to the solicitors for completed services if the medical negligence claim fails.
  • A small and legally restricted success fee is applicable for medical negligence claims that win. The cap on the percentage deducted ensures that the person claiming always receives most of their award from a successful outcome.

Interested in seeing if our solicitors could help you? Simply:

  • Discuss your medical negligence claim on 0800 073 8804
  • Ask the live chat a question about negligent treatment.
  • Or see how much compensation you might be owed and start a claim online.

Read More About Making Medical Negligence Claims

In addition to this guide about diabetes compensation claims, these other resources from our website may offer more help:

External resources to help:

We value your interest in our guide on diabetes compensation claims. If you received poor treatment and feel that you suffered medical negligence, speak to us about diabetes misdiagnosis or malpractice compensation claims working with our solicitors.