Some Consequences Concerning Private Law of Epilepsy Arising from Trauma

Abstract

Consequences occur for patients suffering from epilepsy and may arise for third parties if epilepsy is the result of some trauma. The consequences shall differ according to how deeply epilepsy affects the patient. If epilepsy does not affect the power of judgment of the patient, then the patient can exercise any of his/her rights except obtaining a driver's license. If the sickness and the medications affect the patient's power of judgment and require protection over him/her, the patient should be placed under guardianship. In this case, the patient uses his/her capacity to incur liability with the consent of a guardian. If the sickness completely eliminates the power of judgment, then the patient, as an incompetent, cannot exercise any rights and cannot operate any transaction. If epilepsy has arisen from a trauma caused by another person, this person shall indemnify the damages. The person damaged due to tort liability arisen from epilepsy might demand indemnification for expenses of treatment and for damages regarding future economical status.