Epilepsy Claims

If you want to take your claim forward, our expert team are on hand to offer you advice. Using their knowledge from supporting those affected by medical negligence, they will be able to tell you how much epilepsy misdiagnosis compensation you could receive. We will work with you to place a value on your claim that accurately reflects how you’ve been affected, from undue suffering to having to take extended time off work due to GP misdiagnosis of epilepsy.

While you do have up to three years to make your claim, we recommend that you act sooner. Taking swift action can make it easier to build your case, which will include gathering documents, such as medical records, and witness statements to support your case. We know that it can be a daunting process. But with Your Legal Friend by your side, we can make your misdiagnosed epilepsy lawsuit as smooth and stress free as possible.

Defining epilepsy by seizure episodes

Epilepsy is a disease of the brain that can be defined by one of the following:

• At least two unprovoked seizures occurring more than 24 hours apart.
• One unprovoked seizure and a probability of further seizures occurring over the following 10 years.

Basic types of epileptic seizures

There are more than 40 types of seizures, which may be experienced and divided into two groups:

Partial seizures: one part of the brain experiences disturbances - includes jerking movements beginning in the face or hand and spreading to the limbs.

Generalised seizures: the entire brain is affected by disturbances including:

• ‘impairment of consciousness’ and becoming rigid
• jerking with ‘impairment of consciousness’
• fixed staring for a few seconds
• a brief contraction of the limbs
• a brief loss of muscle tone associated with falls.

Prior to complex partial seizures, unexpected tastes or smells may be experienced.

A continuous seizure or recurrent seizures without regaining consciousness can last for 30 minutes or longer.

Following a seizure, residual symptoms such as drowsiness, amnesia, or headaches may be experienced.

Idiopathic epilepsy

This is where there is no known cause for epilepsy, although some people may have a family history of the condition. Many people are diagnosed with this type of epilepsy. It’s been suggested that there are genetic causes for the condition developing in some people. But while research is currently being carried out, evidence hasn’t confirmed this yet.

Symptomatic epilepsy

This type of epilepsy is where there is a known cause. While epilepsy overall is more common in children, symptomatic epilepsy is more often seen in adults, particularly those aged over 60. Reasons for symptomatic epilepsy include:

• Cerebrovascular disease – These are diseases that affect the blood vessels delivering blood to the brain. Strokes and subarachnoid haemorrhage are examples of cerebrovascular diseases that may can cause epilepsy.
• Brain tumours
• Severe head injuries
• Drug and alcohol abuse
• Brain infections – Infections that affect the brain, such as meningitis, can have an impact on the brain’s function.
• Birth problems that disrupt the baby’s supply of oxygen
• Some parts of the brain not developing properly

Triggers

Those that are diagnosed with epilepsy can find that their seizures associated with the condition are brought on by certain circumstances, although this isn’t the case for everyone. Triggers include:

• Stress
• Lack of sleep
• Drinking alcohol
• Some medication and drugs
• In women, monthly periods
• Flashing lights

• Simple partial seizures– This type of seizure can be a sign that another type of seizure is coming. Sufferers remain fully conscious throughout a simple partial seizure and symptoms can include stiffness and twitching in part of the body, tingling sensations, or sudden, intense feelings.
• Complex partial seizures– According to the NHS the symptoms of this type of seizure normally involve strange and random bodily behaviour, such as smacking your lips, moving your arms around, or picking at clothes. People suffering lose their sense of awareness and can’t remember that a seizure has happened.

There are six main types of generalised seizures:

• Absences– Absence seizures mainly affect children and cause those affected to lose awareness of their surroundings. Those affected usually appear to be staring vacantly for around 15 seconds. They can occur several times throughout the days and those affected won’t be aware that a seizure has occurred.
• Myoclonic seizures– Myoclonic seizures cause the arms, legs, or upper body to suddenly jerk and twitch. Typically they will last only a fraction of a second and those affected will remain conscious throughout.
• Clonic seizures– Clonic seizures are similar to myoclonic seizures but will last longer and loss of consciousness may also occur.
• Atonic seizures– Atonic seizures are where the muscle suddenly relax. If standing, it can mean those affected fall to the ground and could potentially injure themselves.
• Tonic seizures– Tonic seizures are the opposite of atonic seizures. Rather than relaxing, the muscles become stiff and can mean that those suffering lose their balance and fall.
• Tonic-clonic seizures– This is the type of seizure that most people associate with epilepsy. Initially the body becomes stiff and then the legs and arms start to twitch. Usually, tonic-clonic seizures only last for a few minutes but they can last for longer.

• EEG– This test will be used to detect unusual brain activity that’s associated with epilepsy.
• MRI– An MRI scan creates a detailed image of the brain and can be used to identify potential causes of epilepsy.

While both an EEG and MRI scan can be used to achieve a diagnosis, it is possible to have epilepsy even if they don’t return positive results. If your doctor fails to follow-up test results and investigate your symptoms further, it can mean a delayed diagnosis of epilepsy.

While the condition is difficult to diagnose, you should be able to rely on those responsible for your care to take all reasonable steps to achieve a diagnosis. Where you’ve experienced undiagnosed epilepsy that’s the result of medical negligence, you may be able to make a failure to diagnose epilepsy compensation claim. A missed epilepsy diagnosis can have a serious impact on those that are living with the condition and compensation can help reflect some of the harm it has caused.

In most cases treatment allows that affected by epilepsy to control their symptoms and go about their daily routines as normal. However, where late epilepsy diagnosis has occurred, it can mean that those affected live with seizures longer than they need to. If this has been the result of medical negligence, it may be possible for those affected to make a failure to diagnose claim to reflect the undue suffering experienced.

Misdiagnosed epilepsy can mean that vital treatment for controlling seizures is delayed, increasing the likelihood of complications occurring. If you’ve, experienced doctor misdiagnosed epilepsy, you may be able to make a claim if medical negligence was to blame.

• Panic attacks
• Non-epileptic seizure disorder
• Febrile seizures
• Mental health disorders
• Sleep disorders
• Irregular heart beat
• Meningitis
• Encephalitis
• Migraines
• Brain injury

While most patients in the UK are diagnosed and treated quickly when they’re suffering from epilepsy, there are cases of epilepsy misdiagnosis. Among misdiagnosed epilepsy stories is:

A woman easy she was anxious and suffering from panic attacks for seven years before doctors realised she was suffering from epileptic seizures. 

Only around 53% of people with epilepsy in the UK are seizure free. However, it’s estimated that 70% could be seizure free with the right treatment, highlighting the importance of effective treatment.