Can you sue a doctor/hospital for not telling you, you have diabetes? this was in 1997, just found results...?

Question

Took a 5 hour glucose test and noticed I had pre to full blow diabetes looking at the results. Of course I would have to have it confirmed with a doctor and lawyer. It was in 1997 though. ALL these years. I currently have gestational type 1. I was told by 2 doctors and 3 nurses and dietitians I had to have been a diabetic with out knowing prior to my pregnancy. My first I was also gestational type 1. What can be done?

Answer 1

you can sue him but maybe is to late :T

Answer 2

statue of limitations is usually five years on this type of incident

Answer 3

Talk to a lawyer.  In some states, the statute of limitations starts at the date of the incident (which would be the date of the glucose test back in 1997) and in other states the statute doesn't start running until you discover you had a problem.  If you can get over that hurdle, the next big hurdle is proving that you definitely had diabetes and the doctor knew that but didn't tell you.  However, if the test results clearly show that you were diabetic, the doctor had a responsibility to review them and also had a duty to inform you.  Only a lawyer in your state can tell you if you have a case.

Answer 4

It was never the hospital's job to tell you you had diabetes.  It was the doctor's responsibility.  If the doctor, however, decided in his wisdom that the result was inconclusive, he might have neglected to tell you.  Or he may have told you about the partial result and you didn't note it (it happens).

In any event, if you have had no lasting harm from the lack of knowledge, there isn't anything to sue over.  You know now, act accordingly.

Answer 5

Depends on the state, however 11 years after the fact it is very likely there is nothing you can do. The statute of limitations will be long past. You can look up the limitations for your state here: http://www.statutes-of-limitations.com/

Answer 6

Gestational diabetes is usually a transient condition that does not persist past the pregnancy, although it can be an indicator that you might develop Type II diabetes later in life.  If your doctor properly managed your pregnancy, then would it have mattered if he had told you or not?  What lasting harm was done to you?  If you weren't injured, what are your damages?  You have to prove damages to have a suit.

Surely, in the past 11 years, between the two pregancies, you had a glucose test performed?  If it wasn't abnormally high, that would have been an indicator that you didn't have diabetes.

The American Diabetes Association no longer recommends glucose tolerance testing to diagnose diabetes or hypoglycemia.  The test has too many variables and the patient has to be properly prepared for the test to have any validity.  For instance, the patient should eat a high carbohydrate meal for at least two days prior to the test, the test should be performed in the morning to avoid diurnal variation in glucose metabolism, and the patient has to be free of certain medications.  Lastly, the patient cannot have eaten or drunk anything but water 8-12 hrs prior to the test and should not have smoked just before and during the test.  

According to the ADA, diabetes can be detected by one of the three positive tests (with confirmation made by a second test on a different day):

1.  Random (non-fasting) glucose of 200 mg/dl or greater when symptoms of diabetes are present.

2.  Fasting glucose of 126 mg/dl or greater.

3.  An oral GTT glucose of 200 mg/dl or greater at the two hour interval.

It's very difficult to file suit against a military doctor.  You cannot sue the government without it's permission.

Please list the results of your first glucose tolerance test so I can further comment on the results.  Thank you.

Thanks for posting your results.  When I first read your question, it wasn't clear to me that the first GTT was done before your last pregnancy, when you were not pregnant.  If it was done when you were not pregnant and you had those results, then you should have been notified and treated for the diabetes.  However, no matter how negligent the doctor was, it will still be next to impossible to sue him because he was a representative of the government and you cannot sue the goverment without its permission.  The only thing you can do at this point is to get your diabetes under control so that it doesn't progress.  You'll need to work closely with your doctor and a registered dietician.

Good luck to you.