Is it malpractice if my doctor did not inform me of being diabetic for several years?

I went undiagnosed as a diabetic for 5 years due to my doctor not informing me. I went back and pulled my medical history from my old doctor after being diagnosed with diabetes. On 3 yearly physicals, my blood sugar were 101, then 125 the following year, then 156 the year after that. Yet, my doctor did not tell me. In his notes it is stated that I denied numbness in my feet and blurry vision which were complaints that I brought to him. I missed a physical the following year and felt worse. The year after that, I went to the doctor in another state and was diagnosed diabetic with a 12.5 A1C and a 360 blood glucose level. I also have early stages of CKD in my 1 functioning kidney. My doctor ignored my complaints and must not have looked at my bloodwork. This was in a span from 5-9 years ago. Since this is a progressive disease, I have no idea what the future holds. I’m 58 years old and 102 lbs. My last physical showed a decrease in kidney function and elevated A1C. I have been struggling with this and the fact that I have for 9 years. Do you think I have any recourse here?

Asked on February 16, 2016 under Malpractice Law, North Carolina


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
Unfortunately, your medical malpractice case may be barred by the statute of limitations.  NC has a three year statute of limitations for filing a lawsuit in a medical malpractice case and one year from when the injury was or should have been discovered with no more than four years passing from the date the injury was caused.  Since you are talking about a period of 5-9 years, it appears that the statute of limitations has expired; however, it would be advisable to obtain the opinion of a NC medical malpractice attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.