Epilepsy Negligence

Epilepsy is a neurological disorder characterised by recurrent seizures caused by abnormal electrical activity in the brain. Negligence can cause or exacerbate epilepsy in cases such as traumatic brain injuries from accidents, medical malpractice during surgery, improper prescription or administration of medications, or failure to diagnose and treat conditions like infections or tumours that increase seizure risk. Environmental factors, such as prolonged exposure to toxins or unsafe working conditions, may also contribute. Neglecting to address stressors, such as sleep deprivation or extreme stress, can worsen symptoms in individuals already diagnosed. In many of these circumstances, bringing either a medical negligence or personal injury compensation claim may be possible.

What sort of negligent or wrongful behaviour in the workplace can cause or worsen epilepsy?

Negligent or wrongful workplace behaviour that can cause epilepsy includes failing to address safety hazards, such as the risk of head injuries from unprotected falls or impacts, and prolonged exposure to neurotoxic chemicals without adequate protective measures. Ignoring known triggers, such as excessive stress, sleep deprivation due to overwork, or strobe lighting without proper warnings, can exacerbate susceptibility. Unsafe machinery, poor training on equipment, or inadequate emergency response procedures may also increase risks. Employers failing to provide reasonable adjustments for individuals with pre-existing conditions may worsen symptoms, paving the way for legitimate compensation claims.

How can I prove my employer is at fault?

To prove your employer caused or worsened your epilepsy, it’s necessary to gather evidence showing negligence or failure to meet safety obligations. You’ll need to document the unsafe working conditions you experienced, such as exposure to neurotoxic substances, strobe lighting, or excessive stress. It will be necessary to provide medical records linking your condition’s onset or worsening to workplace factors. Witness statements from colleagues can support claims of unsafe practices or lack of protective measures. Gathering records such as employer policies, risk assessments, or reports of incidents, can help highlight breaches of duty. A medical expert’s testimony may establish causation, and legal advice can help build a strong case for compensation.

Is it necessary to consult a solicitor?

While not strictly necessary, consulting a solicitor is highly advisable when pursuing a claim for epilepsy caused or worsened by negligence. Solicitors specialising in personal injury or employment law can help assess the strength of your case, gather necessary evidence, and navigate complex legal processes. They ensure compliance with deadlines, such as filing within the statutory limitation period, and can negotiate with employers or insurers on your behalf. A solicitor increases your chances of securing fair compensation and provides valuable support, particularly when dealing with legal intricacies and challenging opposing arguments.

What compensation can be claimed?

In serious cases, brain injuries with the presence of severe consequential epilepsy can result in general damages awards in the region of €300,000-€400,000. Successful claims may also result in special damages to cover out of pocket expenses such as medical bills, adaptations to your home to help manage the injury, and loss of income due to inability to work. Section 3(e) of the Judicial Council’s Personal Injuries Guidelines also sets out award levels of €120,000-€180,000 for grand mal and €70,000-€140,000 for petit mal seizures, depending upon the extent of the impact on quality of life.