Gestational Diabetes Birth Injury Malpractice Lawsuits

When a doctor negligently fails to diagnose or properly manage gestational diabetes during pregnancy, it can have a very damaging impact on the health of the baby and result and very serious birth injuries. Our birth injury lawyers handle medical malpractice cases involving the misdiagnosis of gestational diabetes.

During pregnancy, some women can develop a temporary form of diabetes known as gestational diabetes. Gestational diabetes can present complications and risks to the health of the baby. Failing to timely diagnose and manage this condition can result in serious injuries. This page will look at birth injury malpractice lawsuits involving gestational diabetes and the settlement value of these cases.

About Gestational Diabetes

Gestational diabetes is a type of diabetes that develops during pregnancy when a mother’s blood sugar, or blood glucose, is higher than it should be. It is basically high blood sugar that is first diagnosed during pregnancy. High blood sugar can cause problems for mother and baby.

Insulin is a hormone that helps your body use and store sugar. During pregnancy, the placenta makes other hormones that make it hard for insulin to control blood sugar. Gestational diabetes develops when your body can’t make enough insulin to keep blood sugar levels in a safe range.

In the United States, gestational diabetes occurs in approximately 2% to 10% of pregnancies, but a recent study found that gestational diabetes and/or pre-gestational diabetes negatively impacts around 18% of pregnancies.

Gestational diabetes can cause serious risks and complications during childbirth. The biggest risk associated with gestational diabetes is that the baby will grow excessively large (fetal macrosomia). This is a potentially dangerous condition because when the baby gets too big it can become stuck in the birth canal during a vaginal delivery, which often leads to loss of oxygen, brain damage, and other injuries such as Erb’s palsy. Gestational diabetes can also put the baby at risk of hypoglycemia and other neonatal conditions.

Despite the very serious risks presented by gestational diabetes, failure to diagnose and timely treat this condition is surprisingly common in prenatal medical care. Recently, there has been a focused effort within the obstetric medical community to improve diagnosis of gestational diabetes.

Diagnosis of Gestational Diabetes

Most women diagnosed with gestational diabetes don’t have any symptoms. That’s why your healthcare provider will offer you a screening test for gestational diabetes when you’re 24 to 28 weeks pregnant. If you have any risk factors, your provider may suggest doing the test earlier.

The most common test for gestational diabetes is the oral glucose screening test. This test measures how well your body produces insulin. On the day of the test, your provider will give you a sweet liquid to drink. An hour later, you’ll have a blood test to check your glucose levels.

If your screening test shows that your blood sugar is too high, you’ll have to take a longer test called the oral glucose tolerance test. For this test, you’ll need to fast for 8 hours before drinking a sweet liquid. Your blood will be tested several times: before the test, then one, two, and three hours after your drink the sugar. If two samples show your blood sugar is too high, you’ll be diagnosed with gestational diabetes.

Both of these tests are safe for you and your baby and don’t have any major side effects. But the liquid may taste unpleasant or make you feel nauseated.

Treatment of Gestational Diabetes

The main goal of treatment is to keep the fetus from growing too large, which can harm both the mother and the baby. Patients will need to make changes in how they eat, and learn to monitor their own blood sugar levels. In some cases, a patient may need to self-administer insulin injections or take oral medication.

A change in diet often helps the most. A diet plan is working out with your medical team and may mean decreasing your calorie intake by as much as 20 to 30 percent.

Recommendations may also include:

Avoiding high-sugar snacks and desserts, including soda, punch, candy, chips, cookies, cakes and full-fat ice cream
Eating at least five servings a day of fruits and vegetables
Choosing whole grains: whole-wheat bread, brown rice and whole-wheat pasta
Switching to fat-free or low-fat dairy products
Eating only small amounts of red meat
Physical activity

Gestational diabetes usually goes away after delivery, and having it doesn’t mean you or your baby will definitely develop diabetes later in life.

Who is At Risk?

Gestational diabetes occurs in roughly 10% of pregnancies. Unfortunately, there is no to known in advance what women will get gestational diabetes. There are, however, are number of well-known factors that greatly increase the likelihood of gestational diabetes occurring: History of diabetes; obesity; and advanced maternal age.

Age: woman over 25 at the time of pregnancy are more likely to get gestational diabetes.
Obesity: mothers who are overweight when they get pregnant or who gain too much weight after becoming pregnancy are at higher risk.
Genetics: women who are genetically predisposed to diabetes (i.e., have diabetes in their family) are more likely to develop gestational diabetes when they are pregnant.

Gestational Diabetes Medical Malpractice Lawsuits

Your prenatal care doctor is supposed to test for gestational diabetes, timely and accurately diagnose it and then properly treat, monitor and manage the condition. Failure to diagnose gestational diabetes unfortunately common, and it will almost always constitute medical malpractice.

Another type of medical negligence involving gestational diabetes is where the doctor diagnosis the condition, but fails to properly manage. Gestational diabetes can result in a baby that grows abnormally large during pregnancy. When the baby is too big, attempting a vaginal delivery can be very risky because oversized babies tend to get stuck in the birth canal.

Most birth injury lawsuits involving gestational diabetes are based on allegations that the doctor was negligent in failing to perform a planned C-section delivery instead of attempting a vaginal delivery. Whether the decision to attempt vaginal delivery amounts to medical negligence will depend on the facts and circumstances of the case.

Management of Gestational Diabetes

When gestational diabetes is timely diagnosed, it can almost always be effectively managed with harm to mother or baby. The standard of care for gestational diabetes requires more frequent prenatal care visits in which the doctor will carefully monitor blood sugar levels. Insulin is also prescribed to help process the glucose in the bloodstream. Lifestyle and dietary adjustments are also used to manage the condition. Women with gestational diabetes are advised to follow a pregnancy-safe, low-impact exercise routine. Dietary management of gestational diabetes requires consumption of less fatty foods and more fruits, folic acid, vegetables and high-fiber foods.

Failure to Diagnose Gestational Diabetes Can Lead to Birth Injuries

Gestational diabetes can cause serious problems and lead to birth injuries when it is not timely diagnosed or not properly managed or treated after diagnosis. Undiagnosed or mismanaged gestational diabetes can lead to the following problems and pregnancy complications, often with disastrous consequences:

Preeclampsia: The most significant risk resulting from failure to diagnose or properly manage gestational diabetes is preeclampsia. Preeclampsia and a type of acute high blood pressure that occurs in the later stages of pregnancy. Preeclampsia can result in premature delivery and a host of other negative outcomes.
Fetal Macrosomia: Fetal macrosomia is the medical term for a fetus that grows abnormally large during pregnancy (over 8.8 lbs). Gestational diabetes increases the risk of fetal macrosomia from 9% to 50%. Fetal macrosomia can be risky because it makes vaginal delivery much more difficult. Overly large babies are more likely to become stuck in the birth canal during labor.
Premature Birth: Undiagnosed or mismanaged cases of gestational diabetes significantly increase the rate of premature delivery. Premature delivery comes with a host of very serious health risks to the baby.

All of these complications associated with gestational diabetes can make labor and delivery more difficult and increase the risk of a birth injury. Failure to timely diagnose and manage gestational diabetes can result in a number of other health conditions for your baby. These include, but are not limited to, jaundice, respiratory impairment, and congenital defects. Moreover, untreated gestational diabetes can result in blood sugar levels that are high enough to interfere with the functioning of the placenta and disrupt the delivery of oxygen and nutrients to the baby. This is why proper screening for gestational diabetes is a critical component of good prenatal care.

Gestational Diabetes and Medical Malpractice

Medical malpractice involving gestational diabetes comes in 3 general types. The first is negligent failure to timely diagnose gestational diabetes. Prenatal care should include proper screening for gestational diabetes. If a prenatal doctor fails to screen for it or fails to properly diagnose gestational diabetes when it occurs, they can be liable for medical negligence.

The second type of malpractice involving gestational diabetes involves negligently failing to treat or manage the condition. The third category of malpractice is failing to opt for a c-section after gestational diabetes is diagnosed.

Gestational Diabetes Malpractice Settlements and Verdicts

Below are summaries of recent birth injury malpractice cases involving gestational diabetes.

$5,775,560 Settlement (New York 2024): According to the plaintiff, the defendants provided negligent and delayed obstetrical, perinatal and neonatal care, failed to appreciate the history of prior gestational diabetes, failed to recognize and treat non-reassuring fetal heart tracings and fetal distress, failed to timely diagnose a dysfunctional labor and perform an emergent cesarean section and failed to recognize that the administration of Pitocin was contraindicated, among other contentions. As a result, the infant suffered hypoxic ischemic brain injury with developmental delay, right-sided hemiplegia and seizure disorder.

$8,000,000 Settlement (Michigan 2024): A 29-year-old mother, diagnosed with gestational diabetes and with well-controlled blood sugar levels, went into labor at 38 6/7 weeks. Despite regular monitoring showing normal results, complications arose after a prolonged labor and delivery of a healthy boy with Apgars of 9 and 9. About an hour and a half post-delivery, it was discovered that the baby was not breathing, leading to emergency interventions. He was diagnosed with hypoxic-ischemic encephalopathy (HIE) at a NICU, which resulted in cerebral palsy and significant cognitive and developmental impairments requiring a feeding tube and lifelong special care. The plaintiffs claimed inadequate monitoring by the nursing staff during the first two hours post-birth led to the injuries, while the defense argued the injury occurred before birth and was evident on MRI as a pre-birth brain injury. The case, alleging birth trauma medical malpractice, was resolved through mediation.

$30,000,000 Verdict (Georgia 2023): A 35-year-old mother with gestational diabetes was admitted for vaginal delivery. Complications arose during the delivery, including an amniotic fluid embolism, that went undiagnosed. The baby suffered prolonged oxygen deprivation that caused a brain injury resulting in permanent disability.

$6,500,000 Verdict (Connecticut 2023): Gestational diabetes during pregnancy caused the baby to grow abnormally large (fetal macrosomia). Despite the risks, the doctors attempted a vaginal delivery, but because of the size of the baby she became stuck in the birth canal. The baby suffered a neck fracture and died during delivery.

$16,000,000 Verdict (Pennsylvania 2023): In this case, the plaintiffs claimed that the defendant midwife was negligent because she totally failed to diagnose the mother’s gestational diabetes and preeclampsia. The failure to diagnose ultimately resulted in a stillbirth caused by complication related to the gestational diabetes. The family hired a failure to diagnose diabetes lawyer and won a $16 million payout.

$1,079,932 Verdict (Washington 2022): In this case, shoulder dystocia caused the baby to become stuck in the birth canal during vaginal delivery. The baby suffered a significant brachial plexus injury during the delivery as a result. The lawsuit alleged that the OB/GYN was negligent in failing to properly screen the mother for gestational diabetes, resulting in the baby becoming abnormally large and eventually becoming stuck during delivery.

$900,000 Settlement (Virginia 2021): Mother was diagnosed with gestational diabetes and the doctor opted for a vaginal delivery. The baby was macrosomic from the gestational diabetes and shoulder dystocia was encountered during delivery. In the effort to pull the baby through the birth canal, the doctor damaged nerves resulting in a brachial plexus injury.

$956,504 Verdict (Utah 2020): The baby experienced shoulder dystocia during delivery and was diagnosed with brachial plexus palsy. The lawsuit alleged that the OB/GYN was negligent in attempting to deliver the baby vaginally when there were clear indications of gestational diabetes resulting in fetal macrosomia (the baby was 12 pounds at birth). The doctor claimed that the screening tests were not positive for gestational diabetes and there were not other risk indicators for an overly large baby.

$850,000 Settlement (New York 2019): Lawsuit claimed that the doctor was negligent in failing to properly manage and treat the mother’s gestational diabetes, resulting in a baby that was too large and became stuck in the birth canal during delivery. The baby suffered Erb’s palsy injury during the effort to deliver him.

$3,500,000 Settlement (Pennsylvania 2019): Baby was born with severe brain damage due to hypoxic ischemic encephalopathy resulting in spastic cerebral palsy, blindness, dystonia and hearing loss with the need for assistance with all activities of daily life, after being delivered by emergency C-Section. The lawsuit claimed that the OB/GYN was negligent in attempting a vaginal delivery instead of a pre-planned C-Section because the mother had been diagnosed with gestational diabetes which led to preeclampsia.

$850,000 Settlement (New York 2019): The infant suffered Erb’s Palsy, a right brachial plexus nerve injury, a neurologic injury, and developmental, motor and speech delays during his birth. The lawsuit alleged that the doctor was negligent in failing to appreciate the findings of diabetes and/or gestational diabetes of his mother, failing to appreciate his mother’s weight gain, failing to appreciate the increased risk of shoulder dystocia, failing to diagnose fetal macrosomia, and failing to deliver him via a cesarean section.

$500,000 Settlement (Illinois 2017): Infant was stillborn. Lawsuit claimed that the doctor negligently failed to adequately and completely test the mother for gestational diabetes, failed to properly and adequately record the mother’s increased risk of gestational diabetes, failed to properly, timely and adequately inform the mother of her risk of gestational diabetes, failed to properly and adequately evaluate and/or notice an abnormal urinary glucose level, and failed to properly and adequately perform a gestational diabetes mellitus screening.

$950,000 Settlement (California 2016): In this case, the defendant OB/GYN actually diagnosed the mother with gestational diabetes, but for whatever reason he never told the mother about the diagnosis and never took any steps to treat or manage the condition. Fetal macrosomia developed and the baby was injured after becoming stuck in the birth canal during vaginal delivery.

How Gestational Diabetes Birth Injury Lawsuits Are Valued For Settlement

Settlement amounts in gestational diabetes malpractice lawsuits are hard to calculate. There are so many variables involved and the variables have different weights in different cases. But there are common threads that will drive settlement amounts in every case:

Medical Expenses: This includes costs for past and future medical care related to the injuries. For gestational diabetes cases, this might cover expenses for any immediate complications during delivery, long-term care due to complications, and any additional therapies or treatments needed, such as those for a child born with injuries due to gestational diabetes negligence.
Lost Wages and Loss of Earning Capacity: If the injury has impacted the mother’s or the child’s ability to earn a living, this can be factored into the settlement. This includes lost wages from missed work and potential future earnings lost due to disability or death.
Pain and Suffering: This compensates for the physical and emotional distress caused by the medical negligence. In cases of gestational diabetes, this could be for the pain and complications experienced during and after childbirth, as well as the emotional impact of dealing with potentially severe health issues for the child. This can be a huge number although it is less of a factor in states that have caps on pain and suffering damages.
Life Care Costs: In severe cases where a child is born with disabilities due to mishandled gestational diabetes, the settlement may include the cost of life care, which covers ongoing and future needs such as special education, home modifications, and professional care. It most gestational diabetes lawsuits, this is the biggest driver of settlement amounts because, in most cases, the jury does not look at how much is paid by insurance. They look at the raw numbers. These costs can quickly get into the tens of millions of dollars.
Your Birth Injury Lawyer: Who your lawyer is and what they do makes a big difference. Settlements are based on how well the case is worked up for trial and your lawyers reputation for getting big verdicts and settlements.

Gestational Diabetes Settlement Amounts

Settlement amounts vary widely based on the specifics of each case, such as the severity of the injury, the degree of negligence, the jurisdiction, and the ability of the parties to prove their case.

Settlements can range from modest amounts for minor injuries to multi-million dollar payouts in cases where babies suffer severe, lifelong disabilities. But you rarely see settlements that are not in the million in these cases unless there are real challenges proving the doctors or nurses are responsible at trial.

In serious cases involving cerebral palsy or other significant neurological damages stemming from improperly managed gestational diabetes, the settlements can be substantial, often reaching tens of million dollars to cover the extensive long-term care needs. You see verdicts over $100 million sometimes because the harm to the child is just incredible awful and expensive.

Contact Us About Gestational Diabetes Malpractice

Our birth injury lawyers handle gestational diabetes malpractice lawsuits across the country. If you think you have a medical malpractice case involving gestational diabetes, we can help you. Contact us today for free consultation. Call us at 800-553-8082 or contact us online.