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Epilepsy Misdiagnosis Compensation Claims
In this guide, you can learn more about making a No Win No Fee epilepsy misdiagnosis compensation claim.
£70 million in compensation
Epilepsy Misdiagnosis Compensation Claims
In this guide, you can learn more about making a No Win No Fee epilepsy misdiagnosis compensation claim.
Last updated 11/07/2025
Epilepsy is a common condition which affects the brain. It may cause frequent seizures. With the correct diagnosis and treatment, most patients will either have fewer seizures or none at all. Getting the correct diagnosis can help control seizures and may lead to a better quality of life. The wrong diagnosis can lead to further seizures and suffering. In this guide, we look at how you could make an epilepsy misdiagnosis compensation claim.
We start by looking at what epilepsy is. Then, we look at when you could make a compensation claim against a negligent medical professional. Following this, we look at how epilepsy diagnosis could go wrong. Next, we look at how long you have to make an epilepsy claim. We also look at how compensation in medical negligence claims is calculated and how a No Win No Fee solicitor could help you.
For more information on making an epilepsy compensation claim, please contact our team.
- Use our form to contact us and request a callback.
- Or you can call 0151 375 9916 to discuss your misdiagnosis claim with a member of our team.
What Is Epilepsy?
Epilepsy is a medical condition affecting the brain. It can cause frequent seizures. These seizures are bursts of electrical activity. They temporarily affect how the brain works and could cause a range of different symptoms. According to the NHS, epilepsy affects over 600,000 people across the UK.
When an epileptic seizure occurs, it can affect what your body does and how you feel. Such seizures could be triggered by sleep deprivation, not having the correct medication, stress, low blood sugar, alcohol and other factors. They may also happen without an obvious trigger.
Treatment may include AEDs (Anti-epileptic drugs), a small electrical implant near your collar bone or brain surgery. A ketogenic diet can also help to control symptoms.
The wrong diagnosis can have devastating consequences. Without proper diagnosis and treatment, people can be left with frequently occurring seizures and unable to participate in many everyday aspects of life.
Please contact a member of our team to discuss whether you are eligible to claim epilepsy misdiagnosis compensation.
What Is An Epilepsy Misdiagnosis Compensation Claim?
In order to claim epilepsy misdiagnosis compensation or to make any other medical negligence claim, you must meet certain criteria.
Whilst you are under the care of a medical professional they have a duty of care to you. The care they provide should adhere to expected professional standards.
Medical or clinical negligence may be said to have occurred where medical professionals have deviated from these standards and caused you avoidable or unnecessary harm.
To claim epilepsy compensation, you will need to show that:
- A healthcare provider owed you a duty of care.
- That they breached this duty of care. For example, they have failed to correctly diagnose your condition when you presented with clear signs of epilepsy.
- You experienced avoidable harm, such as that caused by continuing seizures.
Contact us today to find out how specialist medical negligence solicitors could help you claim epilepsy misdiagnosis compensation.
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How Could Epilepsy Be Misdiagnosed?
If you have had a seizure, your first step may be to visit your GP or hospital. They may refer you to a specialist called a neurologist. They may then carry out tests on you.
Epilepsy can be hard to quickly diagnose. This is because there are other medical conditions, such as panic attacks, migraines and fainting, which could cause similar symptoms. The NHS states they may not confirm a diagnosis until you have had more than one seizure.
To diagnose epilepsy, doctors may used tests such as an electroencephalogram (EEG) or a brain scan. Brain scans may be performed using an MRI. Doctors should also take your medical history, lifestyle and overall health into account when diagnosing epilepsy.
A doctor may misdiagnose epileptic seizures when:
- They fail to correctly interpret the results of tests carried out. This may mean that you are not given either medication or other forms of treatment to control seizures.
Doctors may misdiagnose epilepsy as a febrile seizure or convulsion. This is a condition seen in under fives where their body temperature suddenly rises causing a seizure. Misdiagnosis may occur if further tests are not carried out.
- Epilepsy is misdiagnosed as a non-epileptic seizure (NES). An NES may look similar to epilepsy but is caused by a different condition.
As we highlighted earlier in our guide, epilepsy can be harder to diagnose. In some instances, a doctor may have met all professional standards but still failed to provide the correct epilepsy diagnosis. In these cases, the medical professionals would not consider them negligent. You could not make an epilepsy compensation claim.
One of our specialist solicitors could help to assess your case and determine whether you could claim epilepsy compensation.
How Can I Support My Epilepsy Misdiagnosis Compensation Claim?
You may support your epilepsy misdiagnosis compensation claim by obtaining evidence that demonstrates the validity of your case. This should be a bundle of information that paints a picture of how the medical professional breached their duty of care, causing your misdiagnosis and resulting in avoidable suffering. It is important to have such proof to increase your chances of reaching a settlement in your favour.
Some examples of evidence that may support misdiagnosis of epilepsy claims include:
- Copies of your medical records that state your misdiagnosis and the harm you experienced
- Duplicates of prescription labels and other documentation to show what medication you took
- The results of tests or scans, such as an MIR scan or X-ray
- Diary entries of the symptoms you experienced, when they occurred, and how you were affected by the unnecessary harm you endured
- A copy of the complaint you made regarding the misdiagnosis
- Copies of relevant correspondence with the third party, such as e-mails and letters
- The contact details of people who may have witnessed the negligent conduct, such as family members and staff
If you are still suffering from the consequences of your misdiagnosis and are finding it difficult to gather evidence, you may seek the support of our experienced solicitors.
One of our expert professionals will guide you through the process of proving epilepsy compensation claims and make sure no stone is left unturned to build a compelling case for compensation. Once all the necessary evidence has been obtained, they will begin to review it to try and establish third-party liability.
If you would like more examples of evidence that may support epilepsy negligence compensation claims, please contact our friendly advisors.
How Long Do I Have To Make An Epilepsy Negligence Claim?
Whether claiming compensation for a medication error or the misdiagnosis of a condition, all claims are subject to a limitation period. The standard time limit for starting a claim is 3 years for medical negligence. This period begins either on the date negligence took place or the date you became aware of it. The Limitation Act 1980 sets out this time limit.
There are exceptions in which a claim for medical misdiagnosis can be started outside the 3-year time limit.
For example, the person harmed is under the age of 18, as they are unable to bring a compensation claim themselves. In this case, the time limit does not apply until they reach the age of 18. Whilst the time limit is suspended, a suitable adult (such as a parent) can act as a litigation friend to bring a claim on behalf of the child much earlier.
A second example is where a patient lacks the mental capacity to claim on their own behalf. In this instance, the suspension of the time limit is indefinite. It will be reinstated only if the person regains their mental capacity, dated to when that recovery occurs. As with the example above, a litigation friend may claim epilepsy misdiagnosis compensation on their behalf.
Our advisors can check whether you are within the medical negligence claims time limit. If you meet this and the other eligibility criteria, it may be possible to begin the medical negligence claims process.
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What Epilepsy Misdiagnosis Compensation Could I Receive?
If you receive epilepsy misdiagnosis compensation, the settlement can consist of 2 parts: General and special damages. They compensate for your pain and suffering and your financial losses, respectively.
When looking at how much compensation you could be awarded in general damages, the Judicial College Guidelines (JCG) may be used. These guidelines may be taken in addition to your medical records and any independent medical assessment carried out.
The JCG lists suggestive brackets for compensation encompassing many forms of harm.
The table below contains brackets taken from the JCG, apart from the lead row. The figure in the first row illustrates what could be awarded for general and special damages taken together. We should note that the table doesn’t guarantee misdiagnosis compensation, as each claim is unique.
| Harm | Severity | Notes | Compensation Guideline |
|---|---|---|---|
| Multiple and severe forms of harm. Also includes special damages. | Very severe | Multiple and severe forms of harm. Compensation includes special damages for costs like lost earnings. | Up to £1,000,000+ with special damages. |
| Brain damage | Very severe | At top of this bracket, the claimant will demonstrate little or no language function, nor a meaningful response to their environment. They will also have double incontinence and a need for dedicated nursing care. | £344,150 to £493,000 |
| Brain damage | Moderately severe | The person is left with very serious disabilities and is substantially dependent on others. Factors considered in this bracket include extent of insight (whether there is any) and the degree of physical limitation, together with the potential for deterioration in the future. | £267,340 to £344,150 |
| Brain damage | Moderate (i) | The person is left with moderate to severe intellectual deficits, together with issues like impact on speech and senses and a change in personality. | £183,190 to £267,340 |
| Paralysis | Tetraplegia/quadriplegia | In this bracket’s top end, cases will feature physical pain or significant effects on the senses or communication ability. | £396,140 to £493,000 |
| Paralysis | Paraplegia | Factors such as degrees of pain and its presence, independence, and depression could affect the level of the award. | £267,340 to £346,890 |
| Epilepsy | Established Grand Mal | This bracket accounts for considerations like effect on social and/or work life, the prognosis, and the degree in which medication blunts an appreciate of life. | £124,470 to £183,190 |
| Epilepsy | Established Petit Mal | Similar to above, with factors considered including whether seizures can be controlled by medication and the degree in which the need for the drug will persist. | £66,920 to £160,360 |
| Epilepsy | Other Epileptic Conditions | Where the person has 1 or 2 discrete episodes of epilepsy, or where the condition experiences a temporary resurgence without there being a risk of further recurrence (beyond what is applicable to the general population). | £12,990 to £32,090 |
Special damages compensate claimants for financial losses such as:
- Medical expenses: As a result of the unnecessary harm you experience, you may need to pay for private treatment, medication, and other related costs.
- Care: May cover the cost of care in a specialist facility or in the home.
- Lost earnings: This could include both past and future losses.
- Home and vehicle: Adaptations to cope with any disability.
These are just some examples of special damages which could be awarded for medical negligence.
Please contact our team for an assessment of what epilepsy misdiagnosis compensation you could claim.
Can I Claim Epilepsy Compensation On A No Win No Fee Basis?
If after reading our guide to claiming medical negligence compensation, you think you could be eligible to claim, our team could help you. Our medical negligence solicitors are experienced in helping people to successfully make an epilepsy compensation claim.
The benefits of choosing to claim with a medical negligence solicitor include;
- Their help in building the strongest possible claim for epilepsy negligence.
- Help in collecting evidence to support your case.
- Explaining complex medical or legal jargon.
We understand that when it comes to pursuing compensation, people can be worried about the fees involved in hiring legal representation. That is why our solicitors could offer to handle your case on a No Win No Fee basis. To do so, they would work through a Conditional Fee Agreement (CFA).
By using a CFA, you will not need to pay any solicitor fees, including upfront or ongoing, unless you win your claim. That also means you won’t pay these fees if your claim is lost.
Instead, if you receive epilepsy compensation, you will pay your solicitor a success fee. This fee is calculated as a proportion of your compensation, the percentage of which is limited by law.
To begin an epilepsy compensation claim, please:
- Phone our team 0151 375 9916
- Or contact us using our form.
More Resources About Making A Medical Negligence Claim
In this final part of our guide we have included further medical negligence claim resources.
- Learn about making a cervical cancer misdiagnosis claim in this guide.
- Find out about claiming compensation for a misdiagnosed ectopic pregnancy.
- Check how to make a medication error claim in this guide.
Additional epilepsy resources
- Find out what to do if someone has a seizure or fit in this NHS guide.
- Further information on epilepsy prevalence from the National Institute for Health and Care Excellence (NICE).
- Get support raising a concern with the General Medical Council in this resource.
If you have been impacted by epilepsy misdiagnosis, please contact our team. We are ready to help you make an epilepsy misdiagnosis compensation claim.
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