Failure to Diagnose Gestational Diabetes Medical Malpractice in Chicago

Gestational diabetes mellitus (GDM) is a condition that develops when blood sugar levels rise too high during pregnancy. When a doctor, midwife, or OB-GYN fails to screen for it, misses the warning signs, or ignores abnormal test results, both mother and baby can suffer serious, preventable harm. If that happened to you or someone you love at a Chicago-area hospital, you may have a valid medical malpractice claim. As a Chicago personal injury lawyer firm serving families across Illinois, Briskman Briskman & Greenberg helps patients who were hurt by preventable diagnostic failures during pregnancy.

Table of Contents

• What Gestational Diabetes Is and Why Timely Diagnosis Matters
• The Medical Standard of Care for Gestational Diabetes Screening in Illinois
• How Illinois Law Defines a Failure to Diagnose Gestational Diabetes Malpractice Claim
• Illinois Filing Deadlines You Cannot Afford to Miss
• What Compensation May Be Available in a Gestational Diabetes Malpractice Case
• Why Briskman Briskman & Greenberg Handles These Cases
• FAQs About Failure to Diagnose Gestational Diabetes Medical Malpractice in Chicago

What Gestational Diabetes Is and Why Timely Diagnosis Matters

Gestational diabetes mellitus is defined as glucose intolerance that first occurs or is first identified during pregnancy. The condition develops when the body cannot produce enough insulin to overcome the natural insulin resistance that comes with pregnancy. Left unmanaged, elevated blood sugar puts both mother and baby at serious risk.

In the short term, GDM is associated with pregnancy complications such as preeclampsia, preterm birth, stillbirth, macrosomia, and cesarean birth. These are not minor inconveniences. Macrosomia, which means an abnormally large baby, can cause shoulder dystocia during delivery, a condition where the baby’s shoulder gets trapped behind the mother’s pelvic bone. That can lead to nerve damage, oxygen deprivation, and permanent birth injuries.

Research shows statistically significant differences between newborns of mothers with GDM and those without, including higher rates of macrosomia, respiratory distress, NICU hospitalization, and lower APGAR scores at birth. These outcomes are preventable when GDM is caught and managed on time.

When a doctor diagnoses GDM early, treatment options are straightforward: dietary changes, blood glucose monitoring, and in some cases medication. The condition is manageable. The tragedy of a failure to diagnose gestational diabetes is not just that the condition existed, but that a clear opportunity to protect both mother and child was missed. Women who deliver at hospitals near Chicago’s Medical District along the Near West Side, or at large health systems serving communities from Wicker Park to Hyde Park, deserve providers who follow established screening protocols every time.

While GDM usually resolves after giving birth, studies have shown that women with a history of GDM have a higher risk of developing type 2 diabetes, metabolic syndrome, chronic kidney disease, and cardiovascular disease later in life. A missed diagnosis during pregnancy can set off a chain of long-term health problems that a woman carries for decades.

The Medical Standard of Care for Gestational Diabetes Screening in Illinois

Doctors and midwives in Illinois are held to a national standard of care for gestational diabetes screening. That standard is set primarily by the American College of Obstetricians and Gynecologists (ACOG), the leading professional body for OB-GYN practice in the United States.

International consensus currently recommends universal or risk-based GDM screening at 24 to 28 weeks of gestation using a one- or two-step oral glucose challenge. This is the window when most pregnant women without prior risk factors receive their first glucose screening test.

Earlier screening, in the first trimester or early second trimester, is advocated for women with overt risk factors such as obesity, previous GDM, or impaired glucose metabolism, and has been incorporated into several guidance documents including the 2025 American Diabetes Association Standards of Care. In other words, a provider who waits until 24 weeks for a patient with known risk factors may already be falling short of the standard of care.

The American College of Obstetricians and Gynecologists released an updated Clinical Practice Update on screening for gestational and pregestational diabetes in pregnancy and postpartum, published in Obstetrics & Gynecology in 2024. That update reinforced that high-risk patients need earlier evaluation and that all pregnant patients should be assessed for risk factors at the start of prenatal care.

A failure to follow these protocols, whether by skipping the glucose challenge test, failing to order a follow-up test after an abnormal result, or ignoring a patient’s documented risk factors, can form the basis of a medical malpractice claim in Illinois. Providers at hospitals throughout the Chicago area, from Northwestern Memorial near Streeterville to Rush University Medical Center in the Illinois Medical District, are expected to know and follow these standards.

When a provider deviates from the accepted standard and a patient suffers harm as a result, that deviation is the core of a negligence claim. Working with an experienced medical malpractice lawyer helps you understand whether the care you received measured up.

How Illinois Law Defines a Failure to Diagnose Gestational Diabetes Malpractice Claim

A medical malpractice claim in Illinois requires proving four things: that the provider owed the patient a duty of care, that the provider breached that duty by deviating from the accepted standard of care, that the breach caused the patient’s injury, and that the patient suffered actual damages as a result. All four elements must be proven, and each one matters.

In a failure to diagnose gestational diabetes case, the breach typically takes one of several forms. The provider may have skipped the standard glucose screening entirely. The provider may have ordered the test but failed to follow up when results came back abnormal. The provider may have failed to recognize documented risk factors that required earlier or more aggressive testing. Any one of these failures, if it caused harm, can support a claim.

Illinois also requires that a medical malpractice complaint be filed with an affidavit under 735 ILCS 5/2-622 of the Illinois Code of Civil Procedure. This affidavit must state that a qualified health professional has reviewed the case and determined there is a reasonable basis for the claim. This requirement exists to screen out frivolous lawsuits and ensure that real cases move forward with expert support.

Under the Illinois Wrongful Death Act, 740 ILCS 180, families who lost a baby or a mother due to complications tied to undiagnosed gestational diabetes may have the right to bring a wrongful death claim. The Act provides that whenever a death is caused by a wrongful act, neglect, or default, the person or entity that would have been liable if death had not ensued remains liable for damages. Illinois courts have applied this law in pregnancy-related malpractice cases, including those involving fetal loss and maternal death.

If more than one provider or facility contributed to the failure, the rules under 735 ILCS 5/2-1117 govern how liability is shared. Under that statute, all defendants found liable are jointly and severally liable for a plaintiff’s past and future medical expenses. A defendant whose share of fault is 25% or greater is also jointly and severally liable for all other damages. This matters when multiple providers, such as an OB-GYN practice and a hospital, both played a role in the missed diagnosis.

Illinois Filing Deadlines You Cannot Afford to Miss

Illinois law sets strict deadlines for filing a medical malpractice lawsuit, and missing them means losing your right to seek compensation permanently. Understanding these deadlines is one of the most important steps a patient or family can take after a suspected diagnostic failure.

Illinois medical malpractice claims are governed by 735 ILCS 5/13-212, which establishes a dual-deadline framework combining a discovery-based statute of limitations with an absolute statute of repose. The statute applies to healing art malpractice actions arising from diagnosis, treatment, or care provided by licensed healthcare professionals.

Medical malpractice actions must be filed within two years of the date the plaintiff knew, or reasonably should have known, that an injury occurred and that it was wrongfully caused by medical negligence. The Illinois Supreme Court in Moon v. Rhode (2016 IL 119572) confirmed that discovery requires dual knowledge, and that awareness of an adverse medical outcome alone is insufficient.

Illinois also imposes a four-year statute of repose measured from the date of the negligent act or omission. This is an absolute outer limit. Even if you did not discover the connection between your provider’s failure and your injury until later, no claim can be filed more than four years after the act of negligence itself.

When a baby is harmed, the minor’s deadline is different. Under 735 ILCS 5/13-212(b), when the person entitled to bring the action was under age 18 when the cause of action accrued, the claim generally may not be brought more than eight years after the act or omission that caused the injury or death, and in no event may the action be brought after the person’s 22nd birthday.

If you believe a provider’s failure to diagnose gestational diabetes harmed you or your child, contact Briskman Briskman & Greenberg at (312) 222-0010 as soon as possible. Waiting costs you evidence, witness memory, and potentially your legal rights. A qualified medical malpractice attorney can review your records and tell you where you stand before the clock runs out.

What Compensation May Be Available in a Gestational Diabetes Malpractice Case

Victims of a failure to diagnose gestational diabetes can pursue several categories of compensation, depending on the specific harm they suffered. Illinois law does not cap economic damages in medical malpractice cases, which means the full financial impact of the negligence is recoverable.

Economic damages include past and future medical expenses, costs of ongoing treatment for conditions caused or worsened by the missed diagnosis, lost wages if the mother could not work due to complications, and the cost of long-term care for a child who suffered a birth injury. If a baby was born with hypoxic ischemic encephalopathy, cerebral palsy, or another serious condition tied to unmanaged gestational diabetes, those lifetime care costs can be substantial.

Non-economic damages cover pain and suffering, emotional distress, loss of a normal life, and, in cases of infant or maternal death, loss of society and companionship under the Illinois Wrongful Death Act, 740 ILCS 180.

Attorney fees in Illinois medical malpractice cases are governed by 735 ILCS 5/2-1114, which sets a cap on contingent fees. Under that statute, the total contingent fee for a plaintiff’s attorney in a medical malpractice action shall not exceed 33 1/3% of all sums recovered. This means you do not pay attorney fees unless your case results in a recovery. Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis, so you can pursue justice without paying upfront legal costs.

Every case is different, and no attorney can guarantee a specific outcome. What we can tell you is that families across the Chicago area, from the North Shore communities near Evanston to the South Side neighborhoods near the University of Chicago Medical Center, have the right to hold negligent providers accountable. If you are ready to talk about what happened to you, call us at (312) 222-0010. Our team is here to listen and to help you understand your options. You can also connect with a medical malpractice lawyer at our firm who can evaluate your specific situation.

Why Briskman Briskman & Greenberg Handles These Cases

Briskman Briskman & Greenberg is a Chicago personal injury and medical malpractice law firm located at 205 W. Randolph St., Suite 925, Chicago, IL 60606, in the heart of downtown Chicago near the Daley Center and the Richard J. Daley Plaza. We represent injured patients and their families throughout Illinois, including communities across Cook County, DuPage County, Lake County, and beyond.

Medical malpractice cases involving pregnancy and birth injuries require a careful review of prenatal records, glucose screening results, delivery records, and expert testimony. Our firm works with qualified medical professionals to evaluate whether the standard of care was met and to build a case that clearly connects the provider’s failure to the harm you suffered.

We handle failure to diagnose gestational diabetes claims alongside a broad range of related pregnancy and birth injury matters, including cases involving failure to diagnose preeclampsia, labor and delivery negligence, fetal monitoring errors, and maternal hemorrhage. If your case involves overlapping failures, we evaluate the full picture.

Families in Bloomington, Peoria, and surrounding Illinois communities also have access to our team. A medical malpractice lawyer at Briskman Briskman & Greenberg can review your case regardless of where in Illinois the negligence occurred. We also work with clients who need a medical malpractice attorney in the Peoria region and across central Illinois.

We offer free consultations, and there is no fee unless we recover compensation for you. Call us today at (312) 222-0010 to speak with our team about what happened during your pregnancy and what your legal options may be. Viewing this page does not create an attorney-client relationship. That relationship is formed only through a signed agreement with our firm.

FAQs About Failure to Diagnose Gestational Diabetes Medical Malpractice in Chicago

What does a doctor have to do wrong to be liable for failing to diagnose gestational diabetes?

A doctor must deviate from the accepted standard of care in a way that causes harm. Common examples include skipping the standard glucose challenge test between 24 and 28 weeks, failing to order earlier screening for patients with known risk factors like obesity or a prior GDM diagnosis, or receiving an abnormal test result and taking no follow-up action. The deviation alone is not enough. You must also show that the failure caused a specific injury, such as a birth injury, maternal complication, or other preventable harm.

Can I file a claim if my baby was injured because gestational diabetes was not diagnosed?

Yes. If your baby suffered a birth injury, such as shoulder dystocia, nerve damage, hypoxic ischemic encephalopathy, or a condition requiring NICU care, and that harm was caused by unmanaged gestational diabetes that a provider should have detected, you may have a valid malpractice claim on your child’s behalf. Under 735 ILCS 5/13-212(b), claims involving minors generally must be filed within eight years of the negligent act, but no later than the child’s 22nd birthday.

What if the gestational diabetes was diagnosed but not treated properly?

Failure to treat is a separate but equally valid basis for a malpractice claim. If a provider diagnosed GDM but then failed to provide appropriate management, such as failing to refer the patient to a specialist, failing to monitor blood glucose levels, or failing to adjust the treatment plan when the condition worsened, that failure can also cause serious harm. The standard of care requires not just diagnosis but proper ongoing management throughout the pregnancy.

How long do I have to file a gestational diabetes malpractice lawsuit in Illinois?

In most cases, you have two years from the date you knew or reasonably should have known that your injury was caused by medical negligence, under 735 ILCS 5/13-212. However, no claim can be filed more than four years after the act of negligence itself, regardless of when you discovered the problem. Because these deadlines are strict and fact-specific, you should contact an attorney as soon as possible to protect your rights.

Does Briskman Briskman & Greenberg charge upfront fees for medical malpractice cases?

No. Briskman Briskman & Greenberg handles medical malpractice cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. Under 735 ILCS 5/2-1114, attorney fees in Illinois medical malpractice cases are capped at 33 1/3% of all sums recovered. You can schedule a free consultation by calling (312) 222-0010. Please note that you may still be responsible for certain case costs and expenses, which your attorney will discuss with you before any agreement is signed.