November Is Epilepsy Awareness Month. Can Epilepsy Be Caused by an Auto Collision, a Slip & Fall, or Even by the Negligence of a Health Care Provider?

By: Jeffrey J. Kroll

Epilepsy is a brain disorder that can cause people to have recurring seizures over time. While epilepsy has many possible causes, in some cases, the cause is unknown. However, a traumatic event or negligent conduct by a healthcare provider can also cause epilepsy.

One of the most common causes of epilepsy, which can develop later in life, is a traumatic brain injury. When the brain is injured, for example, striking your head from a fall, a skull fracture, or brain bleeding, it can lead to seizures. Epilepsy, following a traumatic event, can begin days, weeks, or even years after the injury-producing event. The severity of brain injury can be influenced by whether there was the presence of bleeding or a contusion, and whether that individual lost consciousness at the scene. All of these could impact the risk of epilepsy occurring.

It is not unusual for epilepsy to occur because of the medical negligence of a healthcare provider’s conduct. If a brain injury occurs due to a healthcare provider’s actions and/or omissions, this conduct could cause or even worsen a potential brain injury. For example, during the delivery of a newborn, a lack of oxygen to the brain can lead to a brain injury, which could ultimately impact an individual and cause subsequent seizures. Similarly, during the surgical procedure, there could be damage to brain tissue, which can cause epilepsy. While it is somewhat unusual, it does occur where the improper dosage or a contraindicated medication can lead to encephalopathy and/or brain damage. These are all areas an experienced brain damage attorney can determine.

If epilepsy develops after a traumatic injury or a medical error, a neurologist can typically evaluate whether the condition is consistent with a traumatic injury and/or medical error. In the legal community, this medical expert testimony will be required to establish causation. When experienced trial lawyers use the phrase causation, we are indicating that the traumatic event or negligence of the healthcare provider caused or contributed to the epilepsy.

The causation experts retained by our epilepsy trial lawyers will look for a link between a brain injury and the onset of any seizures. For example, if seizures occur within seven days of a head injury or medical procedure, this is often a very clear indication of a direct brain trauma. Similarly, after seven days, there is a potential connection between the event and post-traumatic epilepsy.

Experts will review as many records and diagnostic tests as possible to determine if there is a link between the traumatic event and epilepsy. For example, some of the tests that are often considered are CT or MRI scans, which can show brain tissue that correlates with the onset of the seizure. An electroencephalogram can detect abnormal electrical activity, including epilepsy. Last, but certainly not least, a neuropsychologist can assess cognitive deficits and link those to any potential brain injury.

The traumatic brain injury attorneys at Kaveny+Kroll have extensive experience in representing individuals who have sustained epilepsy as a result of a traumatic incident or from the conduct of healthcare providers. If you or a family member is suffering or has suffered from epileptic seizures, contact the epilepsy trial lawyers at Kaveny+Kroll for a free consultation at (312) 638-6951