Law and epilepsy. Legal sentences in the Federal Republic of Germany between 1952 and 2000

Abstract

We searched the internet-based "Juris" database for legal sentences related to epilepsy that were passed in the Federal Republic of Germany (FRG) between 1952 and 2000. We identified 143 sentences (annual range 0-10, mean 2.9 per annum). Six different types of court were involved (social, civil, administrative, criminal, family, and employment trials). The most judgements were made by social courts (52), and family and employment courts involved the fewest (five). We discuss three important areas of legal dispute in more detail (driving licences, employment law, criminal law). Changes in driving regulations over the years are explored on the basis of eight sentences. Only 30 years ago, patients with epilepsy were not allowed to drive motor vehicles. Now, the judgement on a patient's ability to drive is based on a process which takes account of specific types of epilepsy. Sentences relating to employment law demonstrate that employees will not necessarily be dismissed if they fail to inform their employer of the epilepsy diagnosis. In general, however, employers have the right to enquire about health issues such as epilepsy, and employees are obliged to answer such questions truthfully. An analysis of 13 criminal cases shows that expert witnesses are always called on to comment on a patient's credibility or degree of responsibility.