How To Claim For Epilepsy Misdiagnosis Compensation
An epilepsy misdiagnosis can have serious impacts on you. Our guide examines when you could be eligible to make a medical negligence claim for epilepsy misdiagnosis compensation. We break down the tasks necessary for starting a medical negligence claim and how a solicitor from our panel could support you with collecting evidence for your claim.
You will see information on how an erroneous epilepsy diagnosis could take place and the harm untreated epileptic patients could suffer. We have also included an overview of how medical negligence compensation is calculated under the two different heads of loss, providing relevant figures for your reference.
The final section of this guide is concerned with the type of No Win No Fee contract solicitors from our expert panel can offer their services under and what benefits this type of contract can present to you when beginning a claim.
Our advisors can explain the claims process further if you have suffered a medical misdiagnosis, and handle any queries you may have about potentially starting a claim. They also offer a free consultation regarding your eligibility. Our team are available 24/7 via the following contact methods:
- Call us on 020 3870 4868.
- Begin your claim online by completing this form.
- Click the live chat button at the bottom of the screen.
Browse This Guide
- Who Could Claim Epilepsy Misdiagnosis Compensation?
- Epilepsy Misdiagnosis Compensation Claim Examples
- Payouts For Epilepsy Misdiagnosis Compensation
- Could I Claim For Epilepsy Misdiagnosis Compensation With A No Win No Fee Solicitor
- Learn More About How To Claim Compensation For Medical Negligence
Who Could Claim Epilepsy Misdiagnosis Compensation?
Medical negligence can happen if a medical professional deviates from professional standards and this results in their patient suffering harm that was otherwise avoidable. Medical professionals, in both public and private healthcare, are expected to provide care at the correct standard for their knowledge and training.
The criteria to begin a medical negligence claim for an epilepsy misdiagnosis are:
- A medical professional or healthcare provider owed you a duty of care.
- This duty of care was breached when the correct standard of care was not met.
- This breach caused you to experience avoidable harm.
What we mean by avoidable harm is harm that would not have occurred had the medical professional provided you with the correct standard of care. We will examine this in further detail later in the guide.
To get a free assessment of your eligibility to begin a claim for epilepsy misdiagnosis compensation, or to ask any questions about the claims process, get in touch with our advisory team. You can speak to an advisor 24/7 using the contact information given above.
Time Limits In Epilepsy Misdiagnosis Claims
Epilepsy misdiagnosis compensation claims are subject to the time limits set out by the Limitation Act 1980. This means you have 3 years to begin your medical negligence claim. This can be counted from the date the negligence took place, or from the date you would have been first expected to identify that medical negligence had taken place, referred to as the date of knowledge.
In some circumstances, exceptions to the general 3-year limit can be made. For example, a patient who is a minor at the time of their diagnosis will have the time limit frozen until they turn 18. This is because a minor cannot make a legal claim. A suitable adult can apply to act as the minor’s litigation friend and pursue the claim while the time limit is suspended. If no claim is made by a litigation friend, then the minor will have 3 years from their 18th birthday.
Patients who lack the mental capacity to bring a claim themselves have the 3-year limit frozen indefinitely. Again, while the time limit is frozen, a litigation friend can pursue a claim on their behalf. If they regain the capacity to pursue their own claim and a litigation friend has not made one on their behalf, their 3-year time limit will begin.
You can find out more about the time limit to make a medical negligence claim for epilepsy misdiagnosis compensation, and if any exceptions apply in your particular circumstances by contacting our advisors using the details provided above.
Epilepsy Misdiagnosis Compensation Claim Examples
Epilepsy is a condition that impacts the brain and causes epileptic seizures. A seizure is a sudden burst of electrical activity in the brain that can cause a broad array of symptoms, such as tingling in the arms or an “epileptic fit,” the shaking most of us associate with epilepsy.
A clinical epilepsy diagnosis can be difficult as the symptoms may mirror other conditions. It is really important that when you are referred to see a specialist, you describe the best way you can how you are being affected.
Blood tests, electroencephalograms (EEGs) and MRI scanning can all be used as a way to detect if a patient has epilepsy.
Failures to carry out these steps thoroughly could result in an epilepsy misdiagnosis. We have included some possible scenarios illustrating how a misdiagnosis could occur in the sections below.
How Could Epilepsy Be Misdiagnosed?
There are a number of medical conditions, often referred to as seizure disorders, that have similar symptoms to epilepsy. As a result, diagnosing epilepsy can be challenging.
Failure to provide an accurate clinical diagnosis could result in your epilepsy being misdiagnosed as a different condition altogether. For example:
- A doctor failed to correctly interpret your test results, resulting in a misdiagnosis which meant you received no treatment for your epileptic condition.
- Febrile seizure: This is a seizure that can occur in children with a high temperature. Doctors could misdiagnose epilepsy as a febrile seizure by failing to carry out further testing.
- Non-epileptic seizure (NES): These are seizures that resemble epileptic seizures but are caused by other conditions. Errors during the EEG testing could result in your epilepsy being misdiagnosed as NES.
It is important to note that not all misdiagnoses of epilepsy will mean a medical negligence claim is possible. Epilepsy can be a difficult condition to diagnose straight away, as the symptoms are similar to other conditions. A claim is possible if the duty of care you were owed as a patient was breached, and this led to the incorrect diagnosis. Then it is possible to claim epilepsy misdiagnosis compensation for any avoidable harm you suffered as a consequence.
To find out about the circumstances in which you could begin a medical negligence claim for epilepsy misdiagnosis compensation, contact our advisors today.
Payouts For Epilepsy Misdiagnosis Compensation
Compensation for a successful medical negligence claim following an epilepsy misdiagnosis can be awarded under two different heads of loss. The physical, as well as any psychiatric, harm is compensated under general damages. Monetary losses associated with the avoidable harm suffered can be compensated under special damages. This will be further examined below.
When calculating a possible value for general damages, reference can be made to the guidelines from the Judicial College alongside your independent medical assessment and information from any other medical appointments you have attended. Known as the JCG, the guidelines list various types of harm with guideline compensation figures for each. You can see a relevant selection of these figures in the table here.
Compensation Table
Please be aware that this table has been included for guidance only. The first entry is not from the JCG.
| Type of Harm | Severity | Guideline Amount | Notes |
|---|---|---|---|
| Multiple instances of severe harm as well lost income and other costs | Severe | Up to £1,000,000+ | The injured person will have experienced multiple instances of severe harm, in addition to lost earnings, care costs, medical expenses and other special damages. |
| Brain Damage | Very Severe (a) | £282,010 to £403,990 | Cases at the top of this bracket will involve little to no environmental response or language function, double incontinence and the need for full time professional care. |
| Moderately Severe (a) | £219,070 to £282,010 | Very serious disability resulting in substantial dependency. Disabilities may be physical or cognitive. | |
| Moderate (c)(i) | £150,110 to £219,070 | Moderate to severe intellectual deficit and personality change with sensory impairment and significant epilepsy risk. | |
| Injuries Involving Paralysis | Tetraplegia (a) | £324,600 to £403,990 | Paralysis from the neck down. Cases where the injured person has full awareness of their disability, has retained their senses and is not in pain will attract an award towards the middle of this bracket. |
| Paraplegia (b) | £219,070 to £284,260 | Paralysis from the waist down. Awards for paraplegia are dependent on the pain level, the degree of independence, age and life expectancy and any psychiatric disorders. | |
| Epilepsy | Established Grand Mal (a) | £102,000 to £150,110 | Awards for epilepsy are dependent on the extent to which medication successfully controls attacks, the effect on work and social life and any behavioural problems. |
| Epilepsy | Established Petit Mal (b) | £54,830 to £131,370 | Same as above. |
Special Damages
As we said above, certain monetary losses stemming from the avoidable harm suffered can be compensated under special damages. Costs that could be reimbursed as part of your compensation award include:
- Medical costs such as prescription medication, therapy or other out-of-pocket medical bills.
- Loss of earnings from time taken off work to recover from the harm you sustained.
- Modifications to your home, such as an access ramp or accessible shower if your mobility has been adversely affected.
- The cost of in-home care and support with cooking, cleaning or tending your garden if you cannot safely do this by yourself.
- Travel to and from work or your hospital appointments.
Remember to keep hold of any receipts, travel tickets and other documents as evidence of the monetary losses you sustained as a result of the harm caused.
There are, of course, other costs you may be eligible to claim compensation for. To get a more in-depth idea of what your potential epilepsy misdiagnosis compensation claim could be worth, speak to one of our advisors today. Our friendly and experienced team are available 24 hours a day via the contact information provided below.
Could I Claim For Epilepsy Misdiagnosis Compensation With A No Win No Fee Solicitor
Before you can get started with your epilepsy misdiagnosis claim, speak to one of our advisors to get your eligibility assessed. If eligible, one of the specialist medical negligence solicitors from our panel could offer to take your claim under a No Win No Fee contract.
Our panel can offer their services under a Conditional Fee Agreement (CFA). This type of contract gives claimants considerable benefits. First of all, there are generally no upfront fees for the solicitor to start work on your case. You will also not accrue fees for that work during the claims process itself. Finally, in the event you do not win your claim, you will have no fee to pay.
Following a successful medical negligence claim, you will receive a compensation award. As part of your CFA, you and the solicitor will agree to a success fee before the start of the claims process. This success fee is taken by the solicitor from your compensation payout in the event the claim succeeds. The percentage amount solicitors are permitted to charge for their success fee is subject to a binding cap of 25%. You will, therefore, keep most of any awarded compensation.
Our advisors can explain the medical misdiagnosis claims process further, and handle any queries you may have about potentially starting a claim. They also offer a free consultation regarding your eligibility to make a medical misdiagnosis claim. Our team are available 24/7 via the following contact:
- Call us on 020 3870 4868 to claim compensation.
- Begin your claim online by completing this form.
- Click the live chat button at the bottom of the screen.
Learn More About How To Claim Compensation For Medical Negligence
Read some of the other medical negligence claims guides on our website:
- Find out who might be eligible to claim compensation for drug errors with this guide.
- Learn more about starting a delayed broken arm surgery claim here.
- Read our guide to making a pneumonia misdiagnosis claim.
You can also see these external resources for more information.
- The NHS has published this resource on what to do if someone has a seizure and what information you should record.
- Read more about the work of Epilepsy Society, the UK’s leading epilepsy non-profit organisation, on their website.
- You can raise a concern about a doctor’s conduct with the General Medical Council, the independent regulator for doctors in the UK.
Thank you for reading our guide to making an epilepsy misdiagnosis claim. Our advisors can address any concerns you might have, as well as assess your eligibility to begin a claim for epilepsy misdiagnosis compensation. You can speak to a member of our advisory team at any time using the details provided above to see how much compensation you could potentially claim.
