Epilepsy misdiagnosis compensation claims

How can you claim for epilepsy misdiagnosis or poor treatment?

Start by talking to one of our personal injury advisors. We'll listen to what you've been through and let you know if we think you could make a claim. If you're eligible, we'll match you with specialist medical negligence solicitors for further advice and support.

You can claim epilepsy compensation if you have suffered as a result of medical negligence within the past three years. This time limit doesn't apply when someone isn't physically or psychologically able to claim themselves. It's also possible to claim on behalf of someone else in those circumstances.

You can also claim on behalf of someone under 18, no matter how long ago the negligence happened. Once they reach 18, they have until their 21st birthday to claim themselves.

Claiming is usually done on a no win no fee basis, which is also known as a conditional fee agreement. A no win no fee claim gives you peace of mind that if you don't win your case you have nothing to pay. It's a risk-free way to claim the compensation you deserve.

If you have any questions or feel you might have a claim for epilepsy compensation, contact us for free on or request a call back. 

What is epilepsy?

Epilepsy is a condition affecting the brain that causes the sufferer to have multiple seizures. It's perhaps surprisingly common, with around 50 million people worldwide estimated to have epilepsy according to the World Health Organization. 

An epileptic seizure happens when there are interruptions to electrical impulses in the brain's neurones. During a seizure, the interruption can affect how you feel or what your body does. 

Seizures happen randomly or are triggered by things such as stress, lack of sleep, alcohol, medicine, drugs and flashing lights. Doctors encourage people with epilepsy to identify and avoid where possible the things that could trigger a seizure.

About two thirds of epilepsy sufferers can live free from seizures if their epilepsy is properly diagnosed and treated. Anti-epileptic drugs (AEDs) are the most common form of treatment. Other treatment options include brain surgery, a small electrical device placed into the body, or a special ‘ketogenic' low-carb, high-fat diet. 

What are the common symptoms of epilepsy?

Seizures are the most common symptoms of epilepsy and can take many forms:

• ‘Grand mal' or ‘tonic-clonic' seizures. These usually involve going stiff and losing consciousness, followed by shaking of arms and legs.
  
• ‘Petit mal' or ‘absence' seizures. In these seizures, someone loses awareness and stares blankly into space, often for just a few seconds.
  
• ‘Simple partial' or ‘simple focal' seizures. People are aware of their emotions changing abruptly, a feeling of déjà vu, unusual tastes or smells, or tingling in arms or legs.
  
• ‘Complex partial' or ‘complex focal' seizures. These seizures may involve a loss of awareness with sudden body movements, making random noises or wandering around.

There are other types of seizures and each has its own characteristics including whether the person remains awake or loses consciousness. The most serious is status epilepticus, which is a medical emergency that can last a long time.

How could epilepsy impact your life or the life of a loved one?

Having epilepsy or being wrongly diagnosed with it can have a big impact on your quality of life - especially if medication isn't controlling seizures. This is why people may seek compensation if an epilepsy misdiagnosis or treatment mistakes affect them. 

Driving

The most obvious impact is that you may not be able to drive until your seizures are under control. There is more information on this at GOV.UK. 

Work

When seizures are well controlled there needn't be an effect on your ability to work. But you may be unable to work if your seizures aren't under control, such as in jobs involving driving or operating machinery. This can have a devastating effect on your income if you have to take time off work or change jobs. 

Lifestyle

You may also need to avoid or change activities where a seizure would put you or other people at harm. Examples include cooking, swimming, cycling, horse riding and exercising on gym equipment.

Daily life

Practical safety measures include having a shower instead of a bath. Other steps include fitting guards to radiators and hard furniture. The Epilepsy Action charity offers excellent safety advice for people with epilepsy.

Risk of dying

Thankfully death from epilepsy is rare. But sudden unexpected death in epilepsy (SUDEP) can happen during or after a seizure. Medication and avoiding things that trigger seizures are ways to reduce the risk of SUDEP. SUDEP Action raises awareness of epilepsy risks and offers support for people bereaved by epilepsy.

If an epilepsy misdiagnosis or poor treatment has affected your quality of life, we can help. Contact us for free on or request a call back. We'll talk through your situation and let you know if we think you could make an epilepsy claim. If you're eligible, we'll match you with specialist medical negligence solicitors to advise further and manage your claim.

What can cause epilepsy?

Epilepsy often has no known cause, appearing in childhood or later in life for no obvious reason. There is however evidence that your genes may be a factor, and a third of people with epilepsy have a family history of it. 

In other cases, epilepsy follows a brain injury, with a number of possible causes:

• Sudden blows to the head. Head trauma in a road traffic accident, a slip trip or fall, workplace accident or other type of accident can cause epilepsy. You may be able to make an epilepsy claim if you have been in an accident caused by someone's negligence. 
• Strokes. A small percentage of people who have a stroke go on to develop epilepsy.
• Brain tumours. Seizures associated with a brain tumour may be a symptom of brain tumour-related epilepsy (BTRE).
• Brain infections. Conditions such as encephalitis and meningitis can lead to epilepsy.

What if my epilepsy was misdiagnosed?

Medical professionals sometimes make mistakes when diagnosing epilepsy, and this can have a big impact on people's lives. If an epilepsy misdiagnosis is the result of medical negligence, you might be able to claim compensation. 

How is epilepsy diagnosed?

Tests to diagnose epilepsy may include blood tests, EEGs, ECGs and neuroimaging such as an MRI. But just as importantly, doctors should gather a thorough clinical history of your health, lifestyle and symptoms. This includes asking friends or family members to describe what a seizure looks like, ideally filming your seizures.

An article published by the European Journal of Epilepsy says that failing to collect a thorough and expert clinical history, including getting witness descriptions, is ‘the single most important factor in epilepsy misdiagnosis'. A paper published by the QJM medical journal expressed a similar view. 

If the doctors you saw didn't gather a thorough clinical history, this may be a factor in a claim for epilepsy misdiagnosis compensation.  

Three types of epilepsy misdiagnosis

1. Diagnosing epilepsy as something else

A correct epilepsy diagnosis is important as it means you can start to receive the right treatment. Missing the signs of epilepsy or diagnosing another condition can therefore have serious implications on your health and wellbeing.

A delay in diagnosis can also be of concern. The website patient.info, which provides information to healthcare professionals, says that an epilepsy specialist should see someone with a suspected seizure within two weeks. 

2. Diagnosing the wrong type of epilepsy

Doctors prescribe anti-epileptic drugs (AEDs) according to the type and severity of a person's epilepsy. If they diagnose the wrong type of epilepsy, there is a risk of prescribing unsuitable medication. An AED that controls one type of epilepsy may not control another type, and could even make seizures more frequent.

Dr Colin Tidy explains at patient.info that a mistake ‘can lead to inappropriate treatment and persistence of seizures'. As well as uncontrolled seizures, taking the wrong medication can cause unnecessary side effects.

3. Wrongly diagnosing another condition as epilepsy 

People are often told they have epilepsy, when in fact they have another condition that causes seizures. For example, an article published by the Epilepsy Foundation explains that people with PNES (psychogenic nonepileptic seizures) are sometimes wrongly diagnosed as having epilepsy.

A wrong diagnosis of epilepsy can have significant implications. It could mean having to live with all the restrictions on your life that someone with epilepsy faces. You could be unable to drive, do the work you wish, or take in part in your favourite sports - all unnecessarily due to a false epilepsy diagnosis.

Another risk is that you might suffer side-effects from epilepsy medication for no good reason. Plus of course, the condition that you are actually suffering from might go undiagnosed and untreated.

Have you suffered due to epilepsy misdiagnosis?

If you believe that your epilepsy misdiagnosis was as a result of medical negligence, give us a call on or request a call back today to see if you could receive compensation. We know that living with the effects of any type of misdiagnosis can be very distressing, but epilepsy compensation could help you with your recovery from what happened.      

Can I claim if doctors made a mistake treating my epilepsy? 

Yes you may well be able to. If your medical team were negligent when treating your epilepsy, then you may have a compensation claim. The Epilepsy Foundation says that the wrong medication or the wrong dose of medication can lead to uncontrolled seizures or unnecessary side effects.

We understand that doctors sometimes make genuine mistakes through no fault of their own. But there are also cases where healthcare professionals fail to meet the standard expected of them. We can help you establish whether mistakes with your epilepsy treatment were due to negligence - call us for a friendly, no-obligation advice on or fill in our call back form.

Can I make an epilepsy compensation claim?

You can claim epilepsy compensation if you believe that someone else's negligence has caused you suffering. Several circumstances can lead to an epilepsy compensation claim:

• An accident caused your epilepsy.
• You received inappropriate treatment for your epilepsy.
• Doctors missed your epilepsy or misdiagnosed it as something else. 
• Doctors diagnosed epilepsy when in fact a different condition caused your symptoms. 

Whether your claim is for an injury caused by others, or relates to medical negligence, your solicitors will put your case together. They will do all the hard work for you and manage all contact with the other party, so you won't feel alone or face the stress of claiming by yourself. Simply call us for free on or fill in our secure online form to arrange a call back to get your claim started.  

How much compensation could I receive?

One or both of these categories might determine the amount of compensation awarded in epilepsy claims: 

• Special damages are the financial losses experienced as a direct result of the epilepsy misdiagnosis or treatment errors. This may include loss of earnings and costs of treatment.
  
• General damages cover pain, suffering and ‘loss of amenity', which is the impact on your ability to do things you used to do, such as everyday tasks and hobbies. 

The Judicial College is the government department in the Ministry of Justice responsible for setting the guideline general damages amounts for all personal injury types. 

Because each case of epilepsy misdiagnosis is so different, the guidelines don't specifically cover this type of claim. The general damages awarded will depend on the nature and extent of your suffering, and the impact on your overall quality of life.

In cases of epilepsy caused by an accident however, there are guidelines for epilepsy compensation:

To find out whether you can claim epilepsy compensation, contact us for free on  or fill in our secure online form to arrange a call back at a time that suits you. We'll never rush or pressure you into making a claim. We're here to help you understand whether you could make an epilepsy claim and to answer any questions.

What other support can I receive?

Compensation could make a big difference in your quality of life if you are coping with the after-effects of epilepsy misdiagnosis or treatment errors. Further support may be available from a number of charities that provide help for people affected by epilepsy:

• Epilepsy Action - a charity offering advice, information and support.
• The Epilepsy Society - the UK's leading charity for epilepsy research and support.
• Young Epilepsy - information and support for young people, parents and carers.
• SUDEP Action - a charity specialising in supporting and involving people bereaved by epilepsy.

In terms of financial support, in addition to any compensation you may be awarded, you might also be entitled to state benefits. The charities mentioned above may be able to provide information on this, as well as your local branch of Citizens Advice. 

How long do I have to start an epilepsy compensation claim?

You usually have three years from a medical negligence event or when you became aware of it to make an epilepsy misdiagnosis compensation claim or a claim for poor treatment. There are however some exceptions to this time limit.

If the person affected was under 18 at the time and you're claiming for them, you can claim at any time until their 18th birthday. Once they reach 18, they have three years until their 21st birthday to make a claim.

There is no time limit if you're acting as a ‘litigation friend'. This is claiming on behalf of someone whose epilepsy symptoms or other conditions means they can't make the claim themselves. 

If you are sadly claiming following the death of a loved one, you usually have three years from the date of their death to make a claim.

If you have any questions about making an epilepsy claim, contact us for free and impartial advice on or request a call back. We'll listen to what you've been through and let you know if we think you could make a no win no fee claim. If we think you are eligible, we'll match you with a specialist medical negligence solicitor for further advice and support with your claim.

How long will my epilepsy claim take?

Every claim we handle is unique, and this is why we can't confirm how long your compensation claim might take here. In simpler cases where fault is clear and undeniable, the claim may settle sooner than more complex cases for epilepsy misdiagnosis compensation.

Your solicitor will stay in touch with you throughout the claim process so that you'll always know how things are progressing.

Could I receive an early payment?

It may be possible to make your epilepsy compensation payments in stages. Sometimes known as interim payments, these are in advance of a final agreement on a compensation settlement.

These payments could help you with ongoing costs such as travelling to medical appointments. They can also be a big help if you have lost income due to your epilepsy symptoms affecting your ability to work.

Will I need to go to court?

It's unlikely that you will need to go to court, as most claims made with us settle without a court hearing. Even if a court date is set, your claim might still settle before the date arrives.

If your case does go to court, you have the reassurance that the solicitors looking after your claim will guide you through each step of the way. They will take you through the preparation process and negotiate on your behalf throughout the court hearing itself. 

Although it might seem worrying, a court hearing can be very positive. Your solicitor will only suggest it if they think it's the best way to make sure you get the compensation you deserve.

Can I make a no win no fee epilepsy compensation claim?

Yes, and at National Accident Helpline we specialise in no win no fee claims. A no win no fee claim gives you peace of mind that if you don't win your case you have nothing to pay. It's a risk-free way to claim the compensation you deserve.

When you make a no win no fee claim with us, your personal injury lawyer will cover all your claim costs and expenses. You won't have to pay any costs upfront and there are no hidden surprises. 

If you don't win your claim, all your costs are covered and you can be reassured that you won't be out of pocket. This is because before starting your claim, in most cases we can help you put in place an insurance policy known as ‘After the Event insurance' (ATE). This insurance coverage ensures if you don't win your claim you won't have to pay legal costs such as medical report fees, court fees or barristers' fees. Even the ATE policy fees are covered. 

If you win your case, depending on your claim type and the value, the other side will usually be required to contribute towards your legal costs and expenses. If there is any shortfall this may be deducted from your compensation. This may include the ATE policy fee, any fixed fees not covered by the other side, and where applicable a ‘success fee' for winning your claim. 

Your solicitor will explain the level of contribution to costs you might need to make before your claim starts. If a deduction from your compensation is made, it will be capped at a level that's also discussed upfront with you. You'll have all the information you need from the outset, so there will be no nasty surprises when your claim settles.

How do I start my epilepsy compensation claim?

You could be entitled to epilepsy compensation if your epilepsy was caused by someone's negligence, or if you suffered due to a misdiagnosis or poor treatment. 

Please contact us for initial advice and information about claiming. If we assess that you may have a case for a claim, and if you decide to take things further, we'll put you in touch with solicitors specialising in your type of claim.

Call our team of personal injury advisors on or request a call back today.