Pre‑existing medical conditions frequently complicate personal injury litigation, particularly in cases involving chronic illnesses such as diabetes. Diabetes—whether Type 1 or Type 2—can influence the extent of injury suffered and the assessment of damages, raising nuanced issues of causation, foreseeability, and quantum. Understanding how courts approach claims involving diabetic clients is essential to ensuring accurate valuation and effective client care.
Medical complications
Diabetes is a long‑term metabolic condition characterised by impaired glucose regulation, often resulting in complications such as:
- Peripheral neuropathy
- Vascular disease
- Impaired wound healing
- Increased susceptibility to infection
These complications mean that a client with diabetes may:
- Suffer more severe injuries from an otherwise minor accident;
- Experience prolonged recovery periods; or
- Develop complications not typically seen in non‑diabetic individuals.
In brain injury cases there is an additional complication of a client remembering or being supported to take their diabetic medication and to follow a well-managed diet.
Pre‑existing diabetes case example
We previously acted in a complex orthopaedic case involving a client with pre‑existing diabetes who was considering a lower limb amputation.
The Defendant argued that, due to the client’s diabetes, the proposed amputation would not be appropriate because of an increased risk of infection and potential complications with healing. However, the evidence showed that the client’s diabetes was very well controlled, and there had been no prior concerns or complications arising from their condition.
This case highlights the importance of assessing each matter on its own facts. While a pre‑existing condition such as diabetes can affect recovery or symptoms following an injury, this will not necessarily be the case where the condition is effectively managed.
In this case we were able to secure settlement which was accepted by our client that compensated them for the injuries suffered, their financial losses and an additional amount that our client could use if they later required an amputation.
Distinguishing pre‑existing conditions from injury effects
In diabetes-related claims, this often translates into:
- Determining whether complications (e.g., neuropathy or vision loss) were already present; and
- Assessing whether the accident accelerated or exacerbated those complications.
It is important to establish that the client was functioning well despite diabetes pre‑incident, which requires a comprehensive review of medical records, establishing a clear chronology and adopting a multi-disciplinary approach.
Charities and awareness
Charities such as Diabetes UK play an important role in supporting individuals living with diabetes, as well as raising awareness of how the condition can affect everyday life and medical outcomes. Their work includes funding research, providing education, and offering practical support to patients and families. Fundraising activities are a key part of this effort.
Caprice Kent, Solicitor in the Personal Injury team, has recently completed the Southampton 10K in aid of Diabetes UK. Helping to raise funds and awareness for diabetes support and research.
Conclusion
Pre‑existing diabetes introduces significant complexity into personal injury claims, particularly in relation to causation and quantum. Ultimately, these cases turn on detailed medical evidence and careful legal analysis. A thorough understanding of the medical implications of diabetes is essential to achieving fair and accurate outcomes for clients that this condition affects.
How Moore Barlow can help
If you have suffered a serious injury then contact our specialist Personal Injury lawyers to explore how we can access for you rehabilitation, secure interim payments, and recover compensation to rebuild your life. Freephone on 0800 157 7611 or email us on [email protected]
