Proven Diabetes Misdiagnosis Law Firm in Florida
Freedland Harwin Valori Gander represents mothers and families throughout Florida whose pregnancies were harmed because a physician or midwife failed to diagnose or properly manage gestational diabetes. If you or your child suffered serious harm because this condition was overlooked, you may have a legal claim and we’re here to help you pursue it.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 30, 2026
Table of Contents
- What Happens to the Baby if Gestational Diabetes is Not Diagnosed and Treated?
- Can a Mother Obtain Compensation if Her Doctor Didn’t Diagnose Gestational Diabetes?
- Choosing FHVG for Your Missed Gestational Diabetes Diagnosis Lawsuit
- Criteria for Gestational Diabetes Diagnosis
- Contact FHVG for a Free Consultation
What Is Gestational Diabetes and Why Must It Be Managed?
Gestational diabetes mellitus (GDM) occurs when hormonal changes during pregnancy cause insulin resistance, leading to elevated blood sugar levels. Unlike Type 1 or Type 2 diabetes, GDM typically develops in the second or third trimester and resolves after delivery, but its effects during pregnancy can be profound.
When blood glucose is not adequately controlled during pregnancy, excess glucose crosses the placenta and reaches the baby. The baby’s pancreas responds by producing extra insulin, which promotes fat storage and abnormal growth. This sets off a cascade of complications that can affect delivery, the immediate newborn period, and in severe cases, the rest of the child’s life.
Gestational diabetes is routinely screened for between 24 and 28 weeks of pregnancy using a glucose challenge test (GCT) followed, if necessary, by a glucose tolerance test (GTT). This screening is a standard part of prenatal care. There is no medical justification for missing it.
Complications of Undiagnosed or Poorly Managed Gestational Diabetes
The complications that arise from untreated or undertreated gestational diabetes affect both mother and baby. They include:
- Macrosomia (large baby): excess fetal growth that significantly increases the risk of shoulder dystocia, birth trauma, and the need for emergency C-section
- Shoulder dystocia: when the baby’s shoulder becomes lodged behind the mother’s pubic bone during delivery, placing the infant at risk of brachial plexus injury, oxygen deprivation, and fractures
- Neonatal hypoglycemia: dangerously low blood sugar in the newborn immediately after birth, which can cause seizures and brain damage if not promptly treated
- Stillbirth: uncontrolled gestational diabetes is a recognized risk factor for fetal death, particularly in the third trimester when the placenta may become insufficient
- Preeclampsia: gestational diabetes increases the risk of this dangerous condition involving high blood pressure and organ damage in the mother
- Polyhydramnios: excess amniotic fluid that can cause premature labor, cord prolapse, and placental abruption
- Hyperbilirubinemia (jaundice): elevated bilirubin in the newborn linked to macrosomia and difficult delivery
- Increased cesarean delivery rate: poorly controlled GDM significantly increases the likelihood of surgical delivery and associated complications
Medical errors cause unimaginable harm. Let FHV Legal help you pursue justice call today for a free case review.
How Providers Fail to Diagnose and Treat Gestational Diabetes
The standard of care for gestational diabetes is well-established and well-documented. When providers deviate from it, the deviation is typically clear and demonstrable. Common failures our attorneys encounter include:
- Failure to screen at all, whether due to oversight, poor prenatal care coordination, or the patient missing an appointment without appropriate follow-up
- Failure to perform the confirmatory glucose tolerance test after an abnormal initial glucose challenge test
- Failure to diagnose gestational diabetes despite abnormal screening results, including misinterpreting borderline values or failing to apply current diagnostic thresholds
- Failure to initiate appropriate management after diagnosis, including dietary counseling, blood glucose monitoring, and medication when diet alone is insufficient
- Failure to monitor fetal growth and well-being, including serial ultrasounds to track fetal size and biophysical profiles or non-stress tests in the third trimester
- Failure to adjust insulin or medication dosing as glucose levels change throughout the pregnancy
- Failure to counsel the patient on delivery planning, including the timing of induction or elective C-section when macrosomia poses a delivery risk
- Failure to refer to a maternal-fetal medicine specialist when the patient’s gestational diabetes is not well-controlled with standard management
Florida’s OB-GYN community, including specialists at major South Florida hospitals such as Baptist Health South Florida, Broward Health Medical Center, and Memorial Regional Hospital, is expected to follow the standards established by the American College of Obstetricians and Gynecologists (ACOG). When those standards are ignored, patients and families bear the consequences.
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High-Risk Pregnancies and Enhanced Screening Obligations
Certain patients carry a heightened risk of developing gestational diabetes and are expected to receive earlier and more frequent screening. These high-risk factors include:
- Obesity or significant pre-pregnancy overweight
- Prior gestational diabetes in a previous pregnancy
- Family history of Type 2 diabetes
- Polycystic ovary syndrome (PCOS)
- Advanced maternal age (35 or older)
- Prior delivery of a macrosomic baby
When a provider knows a patient carries these risk factors and still fails to screen appropriately, refer to a specialist, or implement enhanced monitoring, the case for negligence is especially strong. FHV Legal has represented high-risk patients whose physicians failed to treat them with the heightened vigilance their pregnancies demanded.
Florida Law and Gestational Diabetes Malpractice Claims
Gestational diabetes malpractice cases are medical malpractice claims governed by Chapter 766 of the Florida Statutes. The standard statute of limitations is two years from when the patient knew or should have known that negligence caused the harm, with an absolute limit of four years in most cases. Birth injury claims involving minors may have extended deadlines under certain circumstances.
Before a lawsuit can be filed in Florida, a pre-suit investigation must be completed. This includes obtaining a corroborating expert opinion and providing notice to the defendant. FHV Legal manages this entire process on behalf of our clients, ensuring that every procedural requirement is met while we build the strongest possible case on your behalf.
Our attorneys handle gestational diabetes malpractice cases throughout South Florida and statewide, litigating in the Miami-Dade Circuit Court, Broward County Courthouse, Palm Beach County Courthouse, and courts across Florida.
Frequently Asked Questions About Gestational Diabetes Malpractice
How do I know if my provider's failure to manage my gestational diabetes was negligence?
Key indicators include: you were never screened at 24-28 weeks, you received an abnormal screening result that was not followed up, you were diagnosed with GDM but not referred for dietary counseling or monitoring, your baby was diagnosed with macrosomia but no change in delivery planning was made, or your baby suffered a birth injury such as shoulder dystocia or brachial plexus damage. A free case evaluation from FHV Legal can help determine whether the care you received met the standard.
My baby was born with Erb's Palsy after shoulder dystocia. Could gestational diabetes be related?
Yes, there is a direct connection. Uncontrolled gestational diabetes leads to macrosomia, an abnormally large baby. Macrosomia significantly increases the risk of shoulder dystocia during delivery, which is the leading cause of brachial plexus injuries like Erb’s Palsy. If your provider failed to diagnose or manage gestational diabetes and your baby suffered a birth injury as a result, both the failure to manage GDM and the delivery room negligence may be part of a single malpractice claim.
I had gestational diabetes and my baby was stillborn. Is this malpractice?
It may be. Gestational diabetes is a recognized risk factor for stillbirth, particularly when it is not well-managed or when fetal monitoring in the third trimester is inadequate. If your provider failed to screen for or manage your GDM, or failed to perform adequate third-trimester monitoring despite a known diagnosis, and your baby was stillborn, you may have grounds for a malpractice claim. FHV Legal handles these cases with the sensitivity and legal rigor they require.
Can I file a claim if I was diagnosed with gestational diabetes but it wasn't properly treated?
Yes. Malpractice does not require that the condition was missed entirely, failure to treat a known diagnosis appropriately is equally actionable. If you received a GDM diagnosis but were not given adequate management, monitoring, or referral to a specialist, and harm resulted, you may have a valid claim. The standard of care applies to treatment and follow-up, not just initial diagnosis.
Does FHV Legal handle gestational diabetes cases throughout Florida?
Yes. Freedland Harwin Valori Gander represents clients in gestational diabetes malpractice cases statewide. Our offices are in Fort Lauderdale and Coral Gables, and we handle cases in Miami, Weston, Boca Raton, Pembroke Pines, West Palm Beach, and communities throughout Florida. We bring the same level of dedication and expertise to every case regardless of where in the state it arises.
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