Epilepsy Misdiagnosis Claims

Epilepsy is a condition that impacts the brain’s electrical impulses, resulting in seizures. It varies in severity, and statistics from Epilepsy Action estimate that the condition affects one in 100 people in the UK (630,000).

Seizures often have both mental and physical effects, with common triggers being flashing or bright lights, stress, drinking and insomnia. While most people with seizure disorders can control or even completely remove their symptoms with medication, a third might need more intensive treatment.

Focal-aware Seizures (FAS): Also known as partial seizures, focal-aware seizures occur when the person is alert and conscious. They know something’s happened and remember the seizure. Many sufferers report feeling strange during an FAS, which can sometimes progress into more severe seizures.

• Focal Impaired Awareness: These seizures are more severe than FAS and usually affect a larger area of the brain. The person can often hear others during the seizure, but they have limited consciousness and don’t understand what people are saying. While rare, FIAS can cause aggression.
• Myoclonic Seizures: Characterised by muscle jerks, myoclonic seizures can be challenging to diagnose, as many people experience random muscle twitches. Most myoclonic seizures happen in clusters after the person wakes up.
• Tonic-Clonic Seizures: People often associate epilepsy with tonic-clonic seizures. They’re characterised by the body going stiff and the muscles jerking. People with these seizures usually lose consciousness.
• Atonic Seizures: Also known as drop attacks, atonic seizures cause the person’s muscles to suddenly become floppy, often resulting in them falling forward. While these seizures are usually brief, there’s always a risk of injuries.

Aside from the main categories of epilepsy, there are different types of seizures within each. In severe cases, a person might develop a condition known as status epilepticus – where seizures last for longer than five minutes.

Due to their difficulty in treating, these seizures can result in fatalities. Sudden Unexpected Death in Epilepsy (SUDEP) is also a risk for people with tonic-clonic seizures.

Unfortunately, epilepsy often appears in children or adults with no evident cause. Specialists believe that genetics play a role in who develops the condition, and epilepsy can also develop as a result of an illness or injury.

The most common known causes of epilepsy include:

• Genetics: People with epilepsy are more likely to have a family history of it. However, research shows that only 30% of cases are attributable to genetics (PubMed).
• Brain Tumour: Certain brain tumours can cause seizure-like symptoms. The tumours can be both benign and malignant.
• Strokes: When someone experiences a stroke, they’re often left with long-term complications, including epilepsy.
• Head Injuries: Epilepsy can also be an ongoing effect of a traumatic brain injury.
• Infections: Severe infections, including meningitis and encephalitis, can also cause seizures, even if the person fully recovers.

While epilepsy can be challenging to diagnose, specialists should be able to assess a patient’s symptoms, order the necessary tests and ensure they receive the right support. There are multiple tests for epilepsy, including MRI scans, ECGs and EEGs, all of which can diagnose the condition.

Doctors should ask about your symptoms, family history and lifestyle, then refer you to a specialist to order tests. If this doesn’t happen, or if a specialist doesn’t make an epilepsy diagnosis, it counts as medical negligence.

According to research from the European Medical Journal, failing to look at the patient’s clinical history or not asking family and friends for their accounts of the seizures are the two biggest reasons for a misdiagnosis.

• Delayed Diagnosis: Epileptic seizures can be confused with other conditions, such as migraines and strokes. If your doctor or the hospital doesn’t run the proper tests or confuses your symptoms, which results in a delayed diagnosis, you might be able to claim compensation.
• Incorrect Diagnosis: When a doctor makes a wrong diagnosis of epilepsy, it can have a negative impact on the person’s quality of life. They might take medication that they don’t need and have unnecessary restrictions on their life.
• Wrong Treatment: In some cases, the specialist might diagnose the wrong type of epilepsy and prescribe unsuitable medication. Treatment errors can have devastating consequences and might even result in fatalities.

All healthcare professionals have a duty of care to patients, which includes correctly assessing symptoms and providing suitable treatment. If they fail to make an accurate clinical diagnosis or don’t offer the correct treatment, you have every right to make an epilepsy compensation claim.

The first step is to seek free legal advice by using the online form or calling 0800 234 6438. A specialist will ask questions about your case and assess your eligibility for compensation. They’ll then connect you with specialist medical negligence solicitors, who will attempt to secure a financial award.

Most people choose to work with a no win no fee solicitor, as these claims come with zero financial risks. While a traditional solicitor charges an hourly fee, claiming on a conditional basis means you won’t need to pay anything unless the lawyer secures compensation.

These claims also give you added peace of mind, as the solicitor will only take on your case if they’re confident you’ll win compensation.

Your epilepsy misdiagnosis claim amount depends on multiple factors, including how the negligence occurred and its impact. All no win no fee claims use two elements when calculating compensation:

• General Damages: Your injuries and any loss of amenity caused by them.
• Special Damages: The financial impact on your life, including any lost income, travel costs, private medical bills and home adaptations.

Using a compensation calculator can give you a general estimate of your compensation amount, but seeking legal advice is the best way to get a realistic figure.

The following compensation amounts are based on previous claims. Your case is unique, and you might receive a higher or lower payment.

Epilepsy misdiagnosis claims can only be successful with the right evidence. Your solicitor will collect evidence proving medical negligence, but you can speed things up by gathering proof, too. Here are the most important types of evidence:

• Medical Records: Your medical notes will contain details of any doctor’s appointments, hospital visits and the support you received. They’ll also highlight any treatment errors, proving your case.
• Witnesses: Friends and family members can provide details of your seizures and accounts of any medical appointments. This makes it easier to prove your symptoms and gives a first-hand account of the care you received.
• Medical Assessments: Your solicitor and the negligent party might ask you to attend a medical assessment. It gives a specialist the chance to review your symptoms and assess whether you received a correct epilepsy diagnosis.
• Financial Records: The special damages component of your medical negligence claim relies on any expenses as a result of your injury. Keeping receipts ensures you receive the right settlement.

All epilepsy misdiagnosis claims are different, and there’s no way to say how long yours will take. The solicitor will naturally try to secure a fair settlement as soon as possible, but it depends on whether the other party is willing to admit medical negligence.

The claim might go to court in rare cases, but both parties will try to avoid this. Your solicitor will always offer advice throughout the process and ensure you get a fair compensation payout.

You’ll have three years from the initial date of your injury to make a claim. For example, if the doctor misdiagnoses you, the three-year time limit will begin when the negligence becomes evident.

Children who experienced medical negligence can make an epilepsy misdiagnosis compensation claim for up to three years after turning 18.

Most epilepsy claims are against a GP or hospital, so your solicitor will file the case against the NHS. The NHS Resolution Service handles these claims, but some people seek treatment through a private specialist.

In cases like this, the healthcare provider’s insurance company usually pays for your compensation.