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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. 

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Epilepsy Misdiagnosis Compensation Claims

We pride ourselves on offering access to justice and a quality compensation recovery service. To help us achieve that, we offer No Win No Fee agreements in all cases that we take on.

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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 much compensation you could be eligible to claim 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 the live support chat.
  • 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:

  1. A healthcare provider owed you a duty of care.
  2. 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. 
  3. 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. 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 where:

  • 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 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 to claim compensation is three years for medical negligence. This period begins either on the date negligence took place, or the date you became aware of the negligence. The Limitation Act 1980 sets out this time limit.

There are exceptions in which you could still claim for medical misdiagnosis outside the three year time limit.

For example, the person harmed was under the age of eighteen at the time the epilepsy negligence took place. In this case, the time limit does not apply until they reach the age of 18. Those under the age of 18 are unable to bring a compensation claim themselves. Whilst the time limit is suspended, a suitable adult (such as a parent) can act as a litigation friend. If a litigation friend does bring a claim on behalf of the child, they could not make a subsequent claim once they turn 18.

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. 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 you could 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 typically consists of two parts. These are called 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 examples of different injuries as well as guidelines on how much could be awarded in compensation. We should note that your misdiagnosis compensation settlement may differ from these figures as each claim is unique.

The table below contains examples taken from the JCG, apart from row one. The figure in the first row illustrates what could be awarded for general and special damages taken together.

HarmSeverityNotesCompensation Guideline
Multiple and severe forms of harm. Also includes special damages.SevereMultiple and severe forms of harm. Compensation includes special damages.Up to £1,000,000+ with special damages.
Brain damageVery severe – AThe person demonstrates little or no responses to their environment. £344,150 to £493,000
Brain damageModerately severe – BThe person is left with serious disabilities and is substantially dependent on others.£267,340 to £344,150
Brain damageModerate – C – (i)The person is left with moderate to severe intellectual deficits.£183,190 to £267,340
Paralysis InjuriesTetraplegia/ quadriplegiaThe person may be left in physical pain and there is a significant effect on the senses.£396,140 to £493,000
Paralysis InjuriesParaplegiaFactors such as degrees of pain, independence and depression could affect the level of the award.£267,340 to £346,890
EpilepsyEstablished Grand MalAwarded for an Established Grand Mal.£124,470 to £183,190
EpilepsyEstablished Petit MalFactors such as whether seizures can be controlled by medication and the effect on life will impact how much is awarded.£66,920 to £160,360
EpilepsyOther Epileptic ConditionsWhere the person has one of two discrete episodes of epilepsy.£12,990 to £32,090

Special damages compensate claimants for financial losses such as:

  • Medical expenses. As a result of the misdiagnosis and delays to getting the correct diagnosis you may need to pay for medical treatment, medication or related costs.
  • The cost of prescription medications.
  • Care costs. This could cover the cost of care in a specialist facility or in the home.
  • Lost earnings. This could include both past and future losses.
  • Adapting your home to cope with any disability.

These are 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 taking legal action, people can be worried about costs. This 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 costs for your solicitor’s work until the claim is successfully concluded.

Instead, if you successfully claim epilepsy compensation, you will pay your solicitor a success fee. This fee is calculated as a percentage of the compensation awarded to you and is limited by law.

To begin an epilepsy compensation claim, please:

A solicitor works on an epilepsy misdiagnosis compensation claim.

More Resources About Making A Medical Negligence Claim

In this final part of our guide we have included further medical negligence claim resources.

Additional epilepsy resources

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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