Epilepsy Misdiagnosis Claims

If you or a loved one has suffered because of a missed or delayed epilepsy diagnosis, you may be entitled to make an epilepsy misdiagnosis claim.

Epilepsy is a long-term neurological condition that can generally be managed well with adequate treatment. When doctors fail to recognise its symptoms and diagnose it on time, it can cause patients a lot of unnecessary pain, suffering and distress.

Our team of solicitors have helped people with epilepsy across the UK secure compensation for their pain, suffering and related financial losses. We offer a free initial consultation and legal advice, and we will be happy to handle your case on a No Win No Fee basis.

To find out if you have a valid claim, call 0800 470 0474 or use our online claim form to speak to a friendly legal adviser.

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Table of Contents

• Am I eligible to make an epilepsy misdiagnosis claim?
• What evidence do I need to support my claim for epilepsy misdiagnosis?
• What is epilepsy?
• How is epilepsy diagnosed and treated?
• What conditions could be mistaken for epilepsy?
• How common is the misdiagnosis of epilepsy?
• What types of negligence can lead to an epilepsy misdiagnosis claim?
• How long do I have to start a misdiagnosed epilepsy claim?
• Can I make an epilepsy misdiagnosis compensation claim against the NHS?
• How much compensation could I receive for a misdiagnosis of epilepsy?
• Can I make an epilepsy negligence claim on behalf of a loved one?
• Will a specialist medical negligence solicitor provide a No Win No Fee service?

Am I eligible to make an epilepsy misdiagnosis claim?

When you receive medical treatment, your healthcare provider has a legal duty to deliver care that meets accepted medical standards. This means they must act with the skill and competence expected of a qualified professional in their field under the same circumstances.

If this duty is breached and you suffer avoidable harm, you may be eligible to pursue a medical negligence claim. In other words, you could make an epilepsy compensation claim if:

• A medical professional owed you a duty of care.
• They breached this duty and failed to diagnose or manage your condition correctly.
• You suffered harm as a result, such as severe epileptic seizures that could have been avoided with proper care.

What evidence do I need to support my claim for epilepsy misdiagnosis?

To make a successful claim for epilepsy misdiagnosis, you must be able to prove that your healthcare provider failed to meet the accepted standard of care, resulting in avoidable harm. Key types of evidence include:

• Your full medical records, such as hospital notes, neurology assessments, EEG, MRI and CT scan results.
• A report from an independent neurologist who can confirm that the diagnosis or treatment you received fell below acceptable medical standards.
• A personal statement detailing your symptoms, how they progressed, how your condition was misdiagnosed, and the impact on your life.
• Statements from friends and family who can provide details about the medical care you received and how the misdiagnosis affected your life.
• Copies of complaint forms, letters, emails or other correspondence with your healthcare provider.
• Evidence of the harm caused, such as ongoing seizures, psychological distress, loss of independence or reduced quality of life.
• Proof of financial losses, such as medical bills, private treatment costs, lost earnings, or travel expenses for appointments.

What is epilepsy?

Epilepsy is a long-term neurological condition that causes seizures (also called fits). These are sudden bursts of electrical activity in the brain that can cause symptoms such as:

• Uncontrollable shaking of the body
• Becoming floppy or stiff
• Loss of awareness or consciousness
• Staring into space or not being able to respond
• Unintentional peeing
• Feeling unusual sensations, such as tingling, strange smells, dizziness or vision changes
• Confusion or memory loss
• Emotional changes, such as sudden fear, anxiety or déjà vu

A seizure usually lasts between a few seconds and several minutes and stops by itself.

Epilepsy can be caused by a range of factors, including:

• Brain injuries
• Stroke or lack of oxygen at birth
• Genetic factors
• Infections such as meningitis or encephalitis
• Brain tumours
• Developmental conditions

How is epilepsy diagnosed and treated?

Diagnosing epilepsy involves a combination of medical history, tests and brain imaging, including:

• A neurological exam to assess your behaviour, mental function and other areas.
• Blood tests are used to look for metabolic disorders or signs of infection.
• An electroencephalogram (EEG) is used to check the electrical activity in your brain.
• MRI or CT scans to check for brain abnormalities, such as tumours or scarring.
• Genetic testing can also give more information about the condition and how to treat it, especially in children.

A correct epilepsy diagnosis is essential for treating the condition. While there is no cure for epilepsy, it can typically be managed with anti-epileptic medicine that prevents seizures. Other common treatments include:

• Lifestyle changes – managing stress, getting enough sleep and avoiding triggers.
• A ketogenic diet that is high in fat and low in carbohydrates.
• Vagus nerve stimulation using a device under the skin on your chest.
• Surgery on the brain if the seizures originate in one area of the brain and don’t respond to medication.

If your doctor failed to diagnose your condition correctly, you may be entitled to make a medical misdiagnosis claim.

What conditions could be mistaken for epilepsy?

Several medical conditions can be mistaken for epilepsy or vice versa, and a misdiagnosis can lead to inappropriate treatment, the worsening of your condition, or the development of a new injury. These include:

• First seizures, which are a one-time event that can be triggered by alcohol, drugs or anaesthesia.
• Febrile seizures, which can happen during a high fever episode, especially in children.
• Non-epileptic seizures, which are episodes caused by stress, trauma or conditions such as low blood sugar, narcolepsy or Tourette’s.
• Eclampsia, a dangerous condition that can affect pregnant women.
• Migraines can cause visual disturbances, speech difficulties, and numbness.
• Panic attacks or anxiety disorders.
• Brain tumours or lesions may also cause seizure-like activity or neurological symptoms.
• Infections and inflammatory conditions.
• Transient ischemic attacks or mini-strokes can temporarily block blood flow to the brain and mimic seizures.

If you suffered a personal injury because of a misdiagnosis or treatment error, you could be entitled to medical negligence compensation.

How common is the misdiagnosis of epilepsy?

Epilepsy is a common condition, affecting about 630,000 people in the UK (almost one in every 100 people). But the sad reality is that the misdiagnosis of epilepsy is common, and 20 to 31% of patients are wrongly diagnosed and treated.

An estimated 18% of patients are not receiving adequate treatment and are experiencing unnecessary seizures.

Furthermore, this also leads to a high mortality rate among people with epilepsy, despite 42% of deaths being potentially avoidable with the correct diagnosis and treatment.

The most common types of epilepsy misdiagnosis are:

• Diagnosing epilepsy as another condition
• Diagnosing the wrong type of epilepsy
• Wrongly diagnosing another condition as epilepsy

What types of negligence can lead to an epilepsy misdiagnosis claim?

Several types of medical negligence can lead to a misdiagnosis or wrong diagnosis of epilepsy claim, including:

• Failure to take the patient’s full medical history into account
• Failing to conduct a thorough neurological examination
• Not referring the patient to a specialist
• Failure to order appropriate diagnostic tests
• Failing to interpret test results correctly or act promptly on them
• Interpreting symptoms as another condition
• Delays in arranging follow-up appointments to monitor symptoms

Diagnosing the wrong type of epilepsy or condition could mean that you will not receive the correct treatment, and the underlying issue will be left untreated. This can entitle you to make an epilepsy negligence claim.

How long do I have to start a misdiagnosed epilepsy claim?

Under the Limitation Act 1980, you have three years to start an epilepsy misdiagnosis compensation claim. This usually starts from the date you became aware that the misdiagnosis occurred and it caused you harm (the date of knowledge).

Exceptions to the time limit include:

• Child injury claims. A parent or guardian can claim on behalf of their child at any time before the child turns 18. Once they turn 18, they have until their 21st birthday to start a claim by themselves.
• Lack of mental capacity. There is no time limit if the person affected lacks the mental capacity to manage their own legal affairs.

Can I make an epilepsy misdiagnosis compensation claim against the NHS?

If you suffered avoidable harm due to misdiagnosis of epilepsy, you could absolutely claim compensation from the NHS. Likewise, you can make a claim against a private healthcare provider who failed to uphold a reasonable standard of care.

Claims against the NHS are typically handled by NHS Resolution, which is funded through yearly premiums paid by each NHS Trust. If you receive compensation, you can rest assured that your payment will not affect the funds allocated for patient care.

How much compensation could I receive for a misdiagnosis of epilepsy?

The value of your compensation payout will depend on two types of damages:

• General damages cover pain, suffering and loss of amenity, which is the impact on your hobbies and daily activities.
• Special damages cover the financial impact on your life, including private treatments, lost earnings and home adaptations.

According to the Judicial College guidelines, your epilepsy misdiagnosis compensation could be:

• £10,700 to £26,300 for temporary epileptic seizures
• £55,000 to £131,000 for absence seizures (petit mal)
• £102,000 to £150,000 for generalised epilepsy (grand mal)

Can I make an epilepsy negligence claim on behalf of a loved one?

You could make an epilepsy misdiagnosis compensation claim on behalf of a loved one if:

• They are under 18.
• They lack mental capacity due to a brain injury, learning disability or neurological condition (such as severe epilepsy).

You can do this by acting as their litigation friend. To represent them, you may need to fill out and file a certificate of suitability with the court. Your solicitor will guide you through this and the subsequent claims process.

Will a specialist medical negligence solicitor provide a No Win No Fee service?

If you are eligible to claim compensation for epilepsy negligence, we will pair you with a specialist no win no fee solicitor.

Making a no win no fee claim will not cost you anything upfront. Moreover, you do not have to pay your solicitor anything if you lose the claim. They are only entitled to a success fee if you receive compensation.

To find out if you can claim epilepsy misdiagnosis compensation, call 0800 470 0474 today for a free case assessment or request a call back using our contact form.

Last edited on 8th Aug 2025

With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.