Are you wondering whether you are eligible to make a claim for epilepsy misdiagnosis compensation? If you have suffered harm as a result of medical negligence, then you could be entitled to claim compensation for the harm that you have caused.
We aim to provide the necessary information about how to make a valid medical negligence claim. Additionally, this guide will explore how epilepsy could be misdiagnosed and the potential compensation you could receive following a successful claim.
Furthermore, we understand that you may want to speak with someone about your potential claim. If so, you can contact one of our friendly advisors. They are here to answer any questions you may have concerning your claim and offer you some free legal advice.
Talk to us today by:
- Calling us on the number at the top of this page.
- Using our live chat feature.
- Contacting us online.
Choose A Section
- How To Claim For Epilepsy Misdiagnosis Compensation
- How Can Epilepsy Be Misdiagnosed?
- Epilepsy Misdiagnosis Compensation – Potential Payouts
- Potential Evidence That Can Be Used In A Medical Negligence Claim
- Can I Make A No Win No Fee Medical Negligence Claim?
- Learn More About Claiming For Epilepsy Misdiagnosis Compensation
How To Claim For Epilepsy Misdiagnosis Compensation
A medical or clinical misdiagnosis is when a medical professional incorrectly diagnoses your condition as a different one. Many medical professionals, such as a doctor, GP or nurse practitioner, could misdiagnose you. They can also occur in many medical settings, such as hospitals or GP surgeries.
According to the NHS, epilepsy is a condition that affects the brain and causes the person suffering from it to have frequent seizures. There are various symptoms of epilepsy, such as collapsing, becoming stiff, uncontrollable shaking (a ‘fit’) or passing out with no memories of what happened. If left untreated, the person may suffer from seizures throughout their entire life, and they could progressively become more serious and occur more often.
All medical professionals owe their patients a duty of care. This duty of care means that they must administer the correct standard of care. Additionally, this includes listening and responding to your concerns and taking any symptoms you describe to them seriously. If a medical practitioner were to ignore or disregard some of your symptoms, there is the potential that your epilepsy may be misdiagnosed.
In order to make a valid claim for epilepsy misdiagnosis compensation, you will need to prove that you suffered avoidable harm due to a medical professional breaching their duty of care to you.
Call us today for more information on making a claim.
How Can Epilepsy Be Misdiagnosed?
As we stated in the previous section, the main symptom of epilepsy is experiencing seizures, and if left untreated, these seizures could get progressively worse. It is not uncommon for epilepsy to be misdiagnosed as other conditions, such as allergies or anxiety attacks. The British Medical Journal (BMJ) states that one in four cases of epilepsy is misdiagnosed, which may be due to patients being treated by a medical practitioner who does not specialise in epilepsy.
Epilepsy could be misdiagnosed because:
- A health professional misinterprets your ECG scan (which is a diagnostic test).
- Your practitioner makes your diagnosis based on your medical history and doesn’t order a confirmatory test.
- Your test results are mixed up with those of another patient
However, you must remember that to be able to make a claim for epilepsy misdiagnosis compensation successfully, you will need to prove that a medical professional breached their duty of care to you and, as a result, you suffered harm. If they misdiagnosed you while providing the right standard of care, then you’d be unable to claim.
Call us today for guidance on your potential claim.
Epilepsy Misdiagnosis Compensation – Potential Payouts
Following a successful claim for epilepsy misdiagnosis compensation, within your settlement, you will receive something called general damages. General damages aim to compensate you for the harm you have suffered and how your quality of life was impacted due to medical negligence.
However, to make a successful claim for general damages, you will need to provide sufficient evidence that you suffered harm. For example, a copy of your medical records could state any brain injuries you have suffered, and you may have also fractured some bones if you fell during a seizure. However, it is important to note that if you have injuries that overlap with symptoms, you might not receive the full compensation for both of those injuries.
To help you better understand how much you could receive in general damages, we have created the following table. When creating this table, we used the compensation brackets listed within the 16th edition of the Judicial College Guidelines (JCG). This is because many solicitors will use this document to help them value various claims. Please only use this table as a guide, as how much you could receive will depend on the specific factors to your claim.
| Injury | Comments | Amount |
|---|---|---|
| Injury Resulting from Brain Damage | (a) Very Severe - Little evidence of meaningfully responding to the environment with the need for full-time care. How much is awarded will be affected by several factors, including life expectancy and the presence of epilepsy. | £282,010 to £403,990 |
| Injury Resulting from Brain Damage | (b) Moderately Severe - Constant need for care due to being seriously disabled. How much is awarded will be affected by factors such as the extent of physical limitations and the risk of epilepsy. | £219,070 to £282,010 |
| Injury Resulting from Brain Damage | (c) Moderate (i) - A significant risk of epilepsy, with a personality change and intellectual deficit. There are no prospects of employment. | £150,110 to £219,070 |
| Injury Resulting from Brain Damage | (c) Moderate (ii) - Some risk of epilepsy with a modest intellectual deficit and the ability to work is greatly reduced. | £90,720 to £150,110 |
| Injury Resulting from Brain Damage | (c) Moderate (iii) - A small risk of epilepsy. Concentration and memory are affected, but the dependence on others is limited. | £43,060 to £90,720 |
| Injury Resulting from Brain Damage | (d) Less Severe - There will have been a significant recovery. Certain factors will affect how much is awarded, such as the severity of the initial injury and any personality changes. | £2,210 to £12,770 |
| Epilepsy | (a) For cases of established Grand Mal. | £102,000 to £150,110 |
| Epilepsy | (b) For cases of established Petit Mal. How much is awarded will also be affected by various factors, such as the effects on social life and whether the attacks can be successfully controlled by medication. | £54,830 to £131,370 |
| Epilepsy | (c) Cases of 1-2 discrete epileptic episodes or a resurgence of epilepsy that is temporary. How much is awarded will depend on how aspects of daily life are affected. | £10,640 to £26,290 |
| Other Arm Injuries | (d) One forearm has sustained simple fractures. | £6,610 to £19,200 |
What Other Compensation Could I Receive From A Misdiagnosis Claim?
Within your epilepsy misdiagnosis compensation settlement, you may also receive special damages. Special damages aim to compensate for any of the past and future financial losses caused by the harm you suffered due to medical negligence.
Potential financial losses you could claim for include:
- Paying for private medical treatment.
- Having to pay for home adaptations, such as railings and ramps.
- Lost wages.
- Travel expenses to medical appointments.
Again, you will need to provide evidence to claim these losses back successfully. Evidence could include payslips, invoices and bank statements.
Contact us today to find out how to start your medical negligence claim.
Potential Evidence That Can Be Used In A Medical Negligence Claim
Evidence is crucial in proving medical negligence occurred when claiming for epilepsy misdiagnosis compensation. Potential evidence you could provide to prove that you suffered harm due to a medical professional breaching their duty of care to you include:
- Correspondence with the medical institution where the negligence happened, including the details of any complaints that are made.
- Medical records stating your misdiagnosis.
- Medical records stating the harm you suffered as a result of negligence.
Additionally, you must ensure that your claim is made within the relevant time limit. Generally, the time limit is:
- Three years from the date the medical negligence caused harm; or
- Three years from the date the harm was first linked to medical negligence.
Contact our team today for more information on time limits and potential evidence needed for a successful claim.
Can I Make A No Win No Fee Medical Negligence Claim?
Our panel of solicitors may be able to take on your claim with a type of No Win No Fee agreement called a Conditional Fee Agreement. There are many benefits to being legally represented with a No Win No Fee agreement, such as not having to pay anything upfront to your solicitor to start your claim.
Additionally, you will only pay your solicitor for their services if your claim succeeds. This will be a legally capped success fee taken from your compensation.
We also understand that you may still have some questions about making a claim for epilepsy misdiagnosis compensation. If so, you can contact our team of friendly advisors. We are here to answer any of your medical negligence questions and offer you some free legal advice concerning your claim.
Talk to us today by:
- Calling us on the number at the top of this page
- Using our live chat feature
- Contacting us online
Learn More About Claiming For Epilepsy Misdiagnosis Compensation
For more articles on medical negligence:
- Claiming compensation for the misdiagnosis of a fracture.
- Birth injury claims.
- A breakdown of the hospital negligence claims process.
- Examples of hospital negligence
Or, if you’d like more information:
- Care Quality Commission – Find a hospital.
- General Medical Council (GMC) – The professional duty of candour.
- GMC – Patient guides and materials.
Call us today to see whether you’re eligible for epilepsy misdiagnosis compensation.
Writer Megan Rowan
Publisher Fern Stiller
