Epilepsy-related injury in paediatric claims is often under-identified or misunderstood – especially where seizure activity is mistaken for trauma, or where red flags are missed in the early diagnostic pathway. These errors can significantly impact the strength of a clinical negligence claim, affecting breach, causation, and quantum.

That’s why we invited Consultant Paediatric Neurologist Dr Mike Taylor to lead a free CPD self-certified webinar on the diagnosis and medico-legal implications of complex childhood epilepsies, including Dravet Syndrome.

This session forms part of our ongoing series for solicitors working on high-value paediatric clinical negligence claims, following the success of our brain injury webinar earlier this year, which attracted over 530 registrants.

Dr Mike Taylor is a Consultant Paediatric Neurologist based at Leeds Children’s Hospital, with specialist interests in epilepsy, Dravet Syndrome and headache management. He is actively involved in research, teaching and publication within paediatric neurology, and is known for his clinical leadership in the assessment and management of:

• Neurodevelopmental disorders (including developmental delay and cerebral palsy)

• Gait and movement disorders

• Migraine and chronic headache

• Childhood epilepsy

Dr Taylor holds an honorary senior lectureship at the University of Leeds and regularly provides expert evidence in complex paediatric cases. His clinical insight has supported both NHS and private instructions across the diagnostic pathway.

• How childhood epilepsies – including Dravet Syndrome – are diagnosed, misdiagnosed or delayed in clinical practice
• The medico-legal relevance of seizure mismanagement, SUDEP risk and inappropriate treatments
• How expert reports can reflect breach and causation in paediatric neurology claims
• What solicitors should ask when reviewing diagnostic or EEG evidence in epilepsy-related injury

Accurately identifying and managing epilepsy in children is often challenging – particularly when early seizures are mistaken for trauma, febrile episodes, or behavioural issues. Yet misdiagnosis or delayed treatment can have lifelong consequences for neurological development, care needs, and quality of life. These issues directly influence breach, causation and quantum in clinical negligence claims.

Neurology expert evidence is essential in clarifying seizure types, genetic syndromes, and treatment protocols – helping to determine whether opportunities for earlier intervention were missed. In this webinar, Dr Mike Taylor explores how conditions like Dravet Syndrome can be misunderstood in litigation, and why early recognition of epilepsy is key to building stronger medico-legal arguments.

Paediatric Epilepsy and Dravet Syndrome in Medico-Legal Practice: What Solicitors Need to Know

This session, led by Consultant Paediatric Neurologist Dr Mike Taylor, examined how rare and complex epilepsies, particularly Dravet Syndrome, are diagnosed, misinterpreted, and managed in paediatric care, and what this means in the context of litigation.

From missed red flags to treatment errors and delayed referrals, the key takeaways below provide insight into how paediatric epilepsy issues commonly arise in clinical negligence claims – and how solicitors can build stronger cases as a result.

1. Epilepsy is not a single diagnosis and generalisation can weaken claims.
Epilepsy encompasses a spectrum of syndromes with different causes, prognoses, and treatment protocols. Applying generic labels like “epilepsy” in a medico-legal report or relying on generalised treatment expectations can overlook critical clinical detail. Solicitors should ensure experts clarify whether the specific type of epilepsy was identified, and whether management was appropriate for that subtype.

2. Dravet Syndrome is frequently misdiagnosed, but early recognition is vital.
Children with Dravet Syndrome often present with febrile seizures around 5-8 months of age, yet initial presentations are frequently misattributed to benign febrile convulsions or focal epilepsy. Delayed recognition increases seizure burden and neurodevelopmental harm.
▶ For solicitors: Establish whether there were early clinical indicators that should have prompted referral, imaging, or genetic testing. A delay in identifying a serious epilepsy phenotype may constitute breach.

3. Inappropriate treatment can worsen seizures and support breach.
Sodium channel blockers (like carbamazepine) are contraindicated in Dravet Syndrome but are still occasionally prescribed before diagnosis is confirmed. Their use can aggravate seizures and lead to avoidable hospitalisations and neurological decline.
▶ For solicitors: Ask if the prescribed medications aligned with the suspected epilepsy type at the time. A mismatch between clinical presentation and treatment choice can strongly support allegations of substandard care.

4. Genetic testing delays may undermine treatment and prognosis.
Genetic testing (particularly for SCN1A mutations) is now widely considered best practice in paediatric neurology for unexplained early-onset seizures. Failure to arrange timely testing can delay access to targeted therapies like cannabidiol or fenfluramine, which may reduce seizure frequency and improve quality of life.
▶ For solicitors: Investigate whether genetic testing was considered or actioned promptly. Delay here may affect both breach and quantum.

5. Failure to escalate status epilepticus may be indefensible.
Status epilepticus, seizures lasting beyond 5 minutes, requires urgent management per APLS guidelines. Delay in second-line medication, failure to sedate or intubate, or lack of early PICU referral can result in hypoxic brain injury.
▶ For solicitors: If the child was in prolonged seizure activity, check timelines. Breach may lie in treatment delays or failure to follow escalation pathways.

6. Infantile spasms are still being missed, but carry lifelong consequences.
This rare epilepsy syndrome is often mistaken for reflux, colic or startle reflexes. Yet, even short diagnostic delays (2-4 weeks) can have serious long-term neurodevelopmental consequences.
▶ For solicitors: Explore the timeline of parental concern, clinical recognition, and treatment initiation. Missed opportunities here often have clear quantum implications.

7. SUDEP (Sudden Unexpected Death in Epilepsy) is real, and relevant to causation.
While still rare, SUDEP is more likely in cases with poor seizure control. If early intervention or appropriate medication was not provided, and SUDEP occurs, there may be a case to argue that the death was preventable.
▶ For solicitors: Consider expert input on whether the risk was foreseeable and whether earlier management could have altered the outcome.

8. Precision medicine is changing expectations and raising the medico-legal bar.
Emerging treatments (e.g. fenfluramine, stiripentol, genetic therapies) are shifting what constitutes reasonable care. Clinicians are expected to stay current with evolving NICE and ILAE guidelines.
▶ For solicitors: Ensure that any expert commentary addresses the availability and appropriateness of emerging treatments at the time of care.

This session draws on clinical insight and real-world medico-legal experience shared during a live webinar by Consultant Paediatric Neurologist Dr Mike Taylor.

Dr Mike Taylor, MB ChB, MRCPCH, is a leading Consultant Paediatric Neurologist based at Leeds Children’s Hospital. He has a specialist interest in epilepsy, Dravet Syndrome, and headache disorders, and regularly provides expert input in complex neurological diagnoses. He is also actively involved in research and is an Honorary Senior Lecturer at the University of Leeds.

Dr Taylor has extensive experience assessing, investigating, and managing a wide range of childhood neurological disorders including:

• Epilepsy syndromes and seizure presentations

• Neurodevelopmental delay and gait disorders

• Movement disorders and migraine

• Cerebral palsy and related motor dysfunction

He regularly provides expert witness reports in paediatric clinical negligence claims involving delayed epilepsy diagnosis, mismanagement of seizures, SUDEP risk, and causation issues linked to EEG interpretation and treatment planning.

Dr Taylor is available for medico-legal instruction across a range of epilepsy-related claims, and brings clarity to complex neurodiagnostic issues that can significantly impact breach and quantum arguments.

For medico-legal enquiries or to request his CV, Dr Taylor can be reached at miketaylor@inneg.co.uk