Issue: April 2017
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Gestational Diabetes: The Effects on Mothers, Babies, and Providers May Not Be Sweet

Introduction

Liability Risks for Gestational Diabetes

Every year, gestational diabetes affects more than nine percent of pregnancies in the United States, and the prevalence of the condition has been rising. Both the expectant mother and the infant can suffer injuries related to the condition.

 

An injury related to gestational diabetes can lead to litigation. Claims may include allegations of medical malpractice or negligence, pregnancy or disability discrimination, and others.

 

Attorneys, physicians, insurers, employers, and other potential parties to litigation should be aware of the types of lawsuits and other liability issues that may arise in connection with injuries related to gestational diabetes.


The Perspectives: Improve Your Strategy

Attorneys:

What proof is needed to establish medical malpractice in the diagnosis or treatment of gestational diabetes? And, what is a potential strategy for the attorney to employ?

Physicians:

How can liability for medical malpractice be avoided for an injury involving the diagnosis or treatment of gestational diabetes? And, what is a potential strategy for the physician to employ?

Insurers:

Can a payout under a medical malpractice liability policy be avoided by proof that the health provider was not negligent or there was no coverage for the plaintiff’s injury related to gestational diabetes? And, what is a potential strategy for the insurer to employ? 

Employers:

Can an employer of a health provider be subject to liability for the provider’s negligence or medical malpractice involving gestational diabetes? And, what is a potential strategy for the employer to use? 


Practice the Technique: Checklists

Attorneys:

Check this list of facts and circumstances tending to show a provider’s liability for malpractice or negligence for an injury involving gestational diabetes.

Physicians:

Presented is a checklist of items a physician must consider when defending against claims of malpractice or negligence involving a gestational diabetes injury.

Insurers:

The insurer should check these “red flags” and inconsistencies when investigating a claim of injury involving gestational diabetes.

Employers:

Use this checklist to determine if the employee’s gestational diabetes could be considered “work related” and occurred “in the course of the employment.” 

Expert Analysis

What are the Signs and Symptoms of Gestational Diabetes?

Brad Imler, PhD

Is Gestational Diabetes a Disability Affecting the Woman's Work Life?

Liz Morris, JD

What Evidence Was Needed to Settle a Claim for Infant Death Involving Gestational Diabetes?

Krysia J. Syska, JD

Litigation

Alternative Dispute Resolution

Arbitration or mediation may be required by contract or statute, may be mandated by the court or, in some circumstances, may be the appropriate method for a negotiated resolution.  


Reasons To Reach Settlement

The following are reasons why the attorney, physician, insurer, or employer would want to reach settlement, and not take the action to trial.


Reasons To Go To Trial

The following are reasons why the attorney, physician, insurer, or employer would want to take the action to trial.


Jury Awards and Settlements

How much have juries awarded and what settlements have been reached recently in cases involving gestational diabetes? 



Medical Examples

Gestational Diabetes

This section provides detailed medical information on gestational diabetes; the effects on the mother, fetus, and baby; which women are at risk; the causes of gestational diabetes; symptoms; diagnosis and mother and fetus testing; treatment and glucose monitoring; and preventing the woman from suffering type 2 diabetes in the future. This section also discusses the woman’s prognosis and ability to work.



Law and Medicine Resources

Law and Medicine Resources

Provided is a listing of law and medical resources for further information on gestational diabetes.


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Gestational Diabetes: The Effects on Mothers, Babies, and Providers May Not Be Sweet

Table of Contents
Introduction

Expert Analysis
   Brad Imler, PhD
   Liz Morris, JD
   Krysia J. Syska, JD

The Perspectives: Improve Your Strategy
   Attorneys
   Physicians and Health Providers
   Insurers
   Employers and Risk Managers

Practice the Technique: Checklists
   Attorney Checklist
   Physician Checklist
   Insurer Checklist
   Employer Checklist

Alternative Dispute Resolution

Reasons To Reach Settlement

Reasons To Go To Trial

Jury Awards and Settlements

Gestational Diabetes

Law and Medicine Resources