Has anyone sued for wrong diabetic diagnosis?

[JohnJ]

Dear All,

Have you taken legal action for consequences of wrong diagnosis, Type 2 when it's Type 1?

If so I would appreciate any advice...

 

[ajbod]

My understanding is with LADA you are effectively type 2, until Insulin deficiency is such that it shows different symptoms. i wouldn't think anyone would have a chance of winning a law suit.

 

[LittleGreyCat]

Can you show that you suffered major avoidable harm due to the diagnosis?

In many/most cases the symptoms are treated and often the initial diagnosis is refined over time as the symptoms develop.

 

[Antje77]

From your old posts I take it you were initially diagnosed as T2 with a suspicion of LADA(T1.5). You reacted well to tablets for a couple of years so it made sense for them to assume you were T2. And you were put on insulin when tablets didn't do the job anymore.
Sounds like my story, except I needed insulin very soon.

I asked for a referral to an endocrinologist after two years because I had my doubts with my T2 diagnosis, and was rediagnosed T1 even though my anti-GAD was negative.
It didn't change my treatment, I was already on insulin so no harm done.

What is it they should have done so different that you consider taking legal action?

 

[In Response]

My understanding is with LADA you are effectively type 2, until Insulin deficiency is such that it shows different symptoms. i wouldn't think anyone would have a chance of winning a law suit.

LADA is a version of Type 1 which, unlike type 2, is an autoimmune condition. The reason some people with with LADA can be "treated" as type 2 is that, as an adult, their immune system is killing off their insulin producing cells very slowly and, for some time, their body may be producing enough insulin to manage without injecting insulin with the assistance of the "type 2 medication."
Although there are some tests which may help with the diagnosis, these are not necessarily conclusive which can make diagnosis of the correct type of diabetes difficult when identified within someone as an adult.
A few years ago, there was some research which showed that something like 30% of people diagnosed with Type 1 as an adult (LADA) were initially misdiagnosed with type 2.

Unfortunately, LADA is not very well defined which is why some doctors do not like to use this term or "Type 1.5" diabetes.
It is sometimes used to refer to someone with Type 1 diabetes (producing no insulin due to an autoimmune reaction) AND insulin resistance (their body struggles to use insulin so needs "a lot").

Some one with LADA is never "effectively type 2".

 

[JohnJ]

From your old posts I take it you were initially diagnosed as T2 with a suspicion of LADA(T1.5). You reacted well to tablets for a couple of years so it made sense for them to assume you were T2. And you were put on insulin when tablets didn't do the job anymore.
Sounds like my story, except I needed insulin very soon.

I asked for a referral to an endocrinologist after two years because I had my doubts with my T2 diagnosis, and was rediagnosed T1 even though my anti-GAD was negative.
It didn't change my treatment, I was already on insulin so no harm done.

What is it they should have done so different that you consider taking legal action?

Long story but was in hospital and because the 'computer said' type 2, therefore. they would only administer 3 units with each meal despite me arguing that I carb count and normaly on average take 3 times that, so after nearly 3 months of not getting better, they let me control it myself!

Consequently I have organ damage and a host of other issues. Only good thing was I was properly tested, results took 5 weeks to confirm Type 1.

When the surgery first prescribed tablets, I went through every type you could mention, there would only be a slight improvement for a couple of weeks. Whilst 50% Type 2 end up on insulin you don't go from Type 2 to Type 1.

38% of Type 2 are wrongly diagnosed. No win no fee solicitors push legal action.

 

[Fenn]

I went through a hospital stay for a heart bypass where they completely messed up my treatment, they wouldn’t let me control my own insulin, they had me on a automatic huge insulin needle thingie that injected bolus once an hour, I assume a crude pump?, they would not listen to reason, tried to keep me in hospital longer due to numbers in the 30s I took over my own insulin and 20 minutes later hey presto my numbers were perfect, not sure why I’m sharing as it never crossed my mind to take legal action and I never suffered any ill effects, apart from chronic frustration, Sorry you suffered in the hands of stupidity, be hard to prove I think.

edit I was also misdiagnosed, your story struck chords, sorry for the useless reply.

 

[JohnJ]

I went through a hospital stay for a heart bypass where they completely messed up my treatment, they wouldn’t let me control my own insulin, they had me on a automatic huge insulin needle thingie that injected bolus once an hour, I assume a crude pump?, they would not listen to reason, tried to keep me in hospital longer due to numbers in the 30s I took over my own insulin and 20 minutes later hey presto my numbers were perfect, not sure why I’m sharing as it never crossed my mind to take legal action and I never suffered any ill effects, apart from chronic frustration, Sorry you suffered in the hands of stupidity, be hard to prove I think.

edit I was also misdiagnosed, your story struck chords, sorry for the useless reply.

Thanks Fenn: I don't blame the hospital, in fact they saved my life (had diabetic coma/covid, was in ICU for 2 weeks). It was my old surgery/diabetic team for Sussex Coast I blame. I still remember the comment 'you don't look like a T2', what sort of diagnosis method is that. I think because I was 45 at the time they assumed instead of performing the full blood tests.

Oh, to rub salt in the wound, the team leader has returned from retirement!

I shall ask solicitors...

 

[Antje77]

I'm sorry you've had such a bad experience in hospital. Sadly, this is not uncommon for any diabetic, regardless of type.

Long story but was in hospital and because the 'computer said' type 2, therefore. they would only administer 3 units with each meal despite me arguing that I carb count and normaly on average take 3 times that, so after nearly 3 months of not getting better, they let me control it myself!

T2's often are on much higher doses of insulin than T1's, so whatever diagnosis you had wasn't the cause of them giving you too little insulin.
Hospitals ar notorious for not dealing with insulin well for patients of all types, so not something to do with being listed as T2.

When the surgery first prescribed tablets, I went through every type you could mention, there would only be a slight improvement for a couple of weeks.

I'm puzzled. You were diagnosed in april 2011 with a very high hba1c but initially oral meds did the job just well, you still saw numbers in the 4's over a year later and posted you did well on tablets for 4 years. https://www.diabetes.co.uk/forum/threads/green-tea.15978/post-295923 https://www.diabetes.co.uk/forum/threads/how-to-loose-weight-when-on-insulin.32785/post-1453253

As long as orals do the job, this isn't the wrong treatment for T1 early in diagnosis. And it appears you were moved to insulin as soon as the orals failed to do the job.

It was my old surgery/diabetic team for Sussex Coast I blame.

So what did they do wrong?

 

[ajbod]

When i say effectively type 2, i don't mean literally. As long as the honeymoon period lasts, the symptoms of Insulin deficiency, rather than absence, are virtually the same as Insulin resistance, they both respond to low carb or oral meds. as @Antje77 says, so until further symptoms appear, it is reasonable for doctors to assume type 2. Any necessary tests will not be done, until symptoms dictate. Otherwise every single diagnosis would cost the NHS a fortune.
Every patient in hospital has their meds removed, and are prescribed by the hospital doctors, however i firmly believe that Insulin, unless being administered newly. Should be left to the individuals, as everyone knows their own requirements, and they vary greatly.

 

[In Response]

Every patient in hospital has their meds removed, and are prescribed by the hospital doctors,

Not my experience.
Thankfully, no one asked for my insulin and glucometer although they knew I had them.
Although I was woken every hour during the night to take my BG, no record was made of how much insulin I took or when.

This was not a problem for me but did show how little the ward knew about Type 1 diabetes management: if I had got my insulin dose wrong, this would have been reflected in my BG in as much as the effect of the surgery.

 

[Rachox]

Every patient in hospital has their meds removed

Not my experience, self medication was encouraged when I was nursing (retired in 2016), not just diabetes meds. The meds were kept in locked cabinets by the patients’ beds.

 

[lovinglife]

Not mine or my hubby’s experience either, we were both asked to take our meds from home and self medicate, hubby needed more whilst he was in and they renewed his script and just gave him the box

 

[ATB123]

Dear All,

Have you taken legal action for consequences of wrong diagnosis, Type 2 when it's Type 1?

If so I would appreciate any advice...

No and I was in the same boat. Diagnosed T2, responded well to meds for 3 years then stopped responding so now rediagnosed as T1 and on insulin. Many people with T1 LADA are diagnosed initially as T2, it's only when the honeymoon is over and you no longer respond to meds that you tend to be rediagnosed. And tbh I don't see it as a problem, the meds worked for me for 3 years, which meant I was able to avoid insulin for all of that time, and my blood sugar for the first 3 years wouldn't have warranted insulin

 

[AndBreathe]

.... 38% of Type 2 are wrongly diagnosed. No win no fee solicitors push legal action.

Of course they do. No legal action, no income for those types of solicitors.

My former partner's sister is a medical negligence solicitor who went into that line for work, due to an un-diagnosed cancer almost killing her, but even she says it takes a long time to bring an action, and the likelihoods of a positive (for the patient) outcome aren't that great. The stresses of such an action is huge, and payouts often very modest, unless catastrophic consequences are experienced (total disablement, or brain damage, requiring 24-hour care).

Think carefully.

My suggestion would be that you make a Data Subject Access request for your medical records from all those who have treated you, and go through those first, because they are the basis of the "other side"'s case.

You should write to each organisation and be clear and specific about what you want, including, for example, any MRI/CT scans, test results and so on that you might have had. They will only give you what you ask for, so the onus is upon you to ask clearly.