Diabetes Mismanagement and Medical Negligence: Know Your Rights

Allexa Callaway • October 10, 2025

Managing diabetes properly is critical to preserving a patient’s health and avoiding life-altering complications. Unfortunately, not every patient receives the care they deserve. Across Pennsylvania, individuals have suffered serious harm due to poor diabetes treatment—ranging from improper medication dosages to failures in monitoring blood sugar levels. When these errors stem from medical negligence, patients may have legal grounds to pursue compensation.


This article provides a patient-focused guide to understanding what diabetes mismanagement looks like, its consequences, and what your legal rights are under Pennsylvania law. Whether you're managing Type 1 or Type 2 diabetes, knowing your rights empowers you to seek justice and prevent further harm.


What is Diabetes Mismanagement?

Diabetes mismanagement occurs when a healthcare provider fails to adequately treat or monitor a patient’s diabetic condition. This may involve:

  • Incorrect insulin prescriptions or dosing errors
  • Lack of routine blood glucose monitoring
  • Failure to identify and respond to hypoglycemia or hyperglycemia
  • Poor management of diabetes-related complications, such as neuropathy or retinopathy
  • Failure to educate patients on dietary and lifestyle changes


According to the American Diabetes Association, more than 12% of adults in Pennsylvania live with diagnosed diabetes, and an estimated 40,000 new cases emerge each year. Given its prevalence and risks, mismanagement is not only unacceptable—it can be legally actionable when it results in harm.


Real Cases of Diabetes Mismanagement in Pennsylvania

Case: Thomas Green – Severe Hypoglycemia After Dosage Error

In a 2019 case filed in Allegheny County, Thomas Green, a 58-year-old Type 2 diabetic, suffered irreversible brain damage after being administered an insulin dosage nearly triple the amount prescribed. While hospitalized for a separate condition, Green’s care team failed to review his dosage chart correctly and administered the wrong insulin concentration.


Green’s wife filed a malpractice lawsuit against the hospital, claiming that basic checks and protocols were ignored. The case resulted in a confidential settlement, but internal documents revealed that nursing staff were overworked, and key oversight policies had lapsed. This tragic case highlighted how even routine errors can lead to catastrophic outcomes when diabetes is involved.


Case: Latasha Bennett – Diabetic Foot Ulcer Leading to Amputation

In Philadelphia, Latasha Bennett, a 43-year-old woman with Type 2 diabetes, repeatedly complained of foot pain and swelling during primary care visits over the course of three months. Her physician dismissed the symptoms as routine swelling due to weight gain. Eventually, an ulcer was diagnosed, but by then it had progressed to a severe infection requiring a below-the-knee amputation.


Bennett’s legal team argued that the provider failed to conduct basic diabetic foot screenings or refer her to a specialist. The court awarded her $875,000 for loss of income, medical expenses, and emotional suffering. This case serves as a stark reminder that early intervention and attentive care are essential in managing diabetic complications.


Legal Standards for Medical Negligence in Pennsylvania

To bring a medical negligence claim related to diabetes mismanagement in Pennsylvania, four legal elements must be proven:

  • A duty of care existed: You had a physician-patient relationship.
  • The provider breached this duty: Care was below the accepted standard.
  • This breach caused harm: A Direct link between negligence and injury.
  • Damages resulted: Economic, physical, or emotional losses occurred.


Pennsylvania law requires that all malpractice claims include a certificate of merit, signed by a qualified medical expert, attesting that the provider likely breached the standard of care. This legal safeguard ensures that cases have credible medical grounding before moving forward.


The state also enforces a two-year statute of limitations from the date of discovery or the point at which the patient should have reasonably known about the malpractice. For minors or cases involving fraud or concealment, different timeframes may apply.


Potential Complications From Mismanaged Diabetes

Patients who are not properly managed face a wide range of complications, many of which are preventable with attentive care:

  • Diabetic ketoacidosis (DKA)
  • Neuropathy (nerve damage)
  • Nephropathy (kidney disease)
  • Retinopathy (vision impairment or blindness)
  • Foot ulcers and amputations
  • Cardiovascular disease and stroke


In a review of malpractice claims involving diabetes published by BMJ Open, medication errors and failure to monitor glucose levels were cited as the most common causes of adverse outcomes. In Pennsylvania, such errors—particularly when repeated or systemic—can meet the legal definition of negligence.


What Can You Recover in a Lawsuit?

Victims of diabetes mismanagement may be eligible for the following types of compensation:

  • Medical costs: Current and future treatments, rehabilitation, prescriptions
  • Lost wages: Income lost due to hospitalization or permanent disability
  • Pain and suffering: Physical pain, psychological trauma, disfigurement
  • Loss of consortium: Impact on family relationships and quality of life
  • Punitive damages: In rare cases, where reckless disregard is proven


Pennsylvania does not cap compensatory damages, but punitive damages are limited to two times the actual damages under the MCARE Act. Courts require clear and convincing evidence of gross negligence or willful misconduct to award punitive damages.


Your Rights as a Patient in Pennsylvania

Patients in Pennsylvania have the right to safe, competent, and respectful medical care. If you believe that your diabetes was mismanaged due to negligence, you have legal recourse. It’s essential to:

  • Request and review your medical records
  • Document symptoms and outcomes
  • Consult with a malpractice attorney who has medical case experience


Even if you’re unsure whether what happened qualifies as malpractice, speaking with a knowledgeable attorney can help clarify your rights and the strength of your potential claim.


How Frischman & Rizza Can Help

At Frischman & Rizza, we understand the devastating toll that poor diabetes treatment can take—physically, emotionally, and financially. Our team has successfully handled complex medical negligence cases across Pennsylvania, including those involving diabetic complications.


We consult with board-certified endocrinologists and medical professionals to evaluate every case thoroughly and fight for full accountability. Our approach is both compassionate and legally precise, ensuring that your story is heard and your future is protected.


Take Action to Protect Your Health and Your Future

If you or a loved one experienced serious harm due to poor diabetes care, don’t wait. Call Frischman & Rizza today to schedule a free, confidential consultation. You deserve clarity, support, and justice—and we’re ready to help you get there.

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