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26 - Legal issues facing women with epilepsy

from Part VI - Living well with epilepsy

Published online by Cambridge University Press:  02 November 2009

By
Jeanne Carpenter
Edited by
Martha J. Morrell  and
Kerry L. Flynn
Jeanne Carpenter
Affiliation:
McDermott, Will & Emery, 600 13th Street, NW, Washington DC 20005, USA
Martha J. Morrell
Affiliation:
Columbia University, New York
Kerry L. Flynn
Affiliation:
Columbia-Presbyterian Cancer Center, New York
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Summary

Jeanne Carpenter is a partner in a Washington-based law firm. She is past President and Chair of the Epilepsy Foundation and is currently on the National Board of Directors. She is an eloquent spokesperson on behalf of people with epilepsy and has been a strong supporter of the Epilepsy Foundation's Women with Epilepsy Initiative. As a woman with epilepsy, Ms Carpenter has experienced many of the challenges discussed in this book. In this chapter she addresses the legal issues of importance to women with epilepsy. These include employment, motor vehicle licensing, family law, and insurance.

MJM

Introduction

I was diagnosed with epilepsy when I was in my mid-twenties. After I heard my physician's view about the possible physical restrictions I would confront because of my seizures and the possible side effects of the medications, my immediate questions turned to how others might limit me and my daily activities. Could I still drive? Would my epilepsy impact my new job as an attorney? Did I have to disclose my epilepsy when making various types of applications? Would my medical insurance cover my doctor and hospital bills? These are common questions among women diagnosed with epilepsy and many raise possible legal issues that are not unique to women.

This chapter summarizes many of the areas in which legal issues arise; it is not intended to provide legal advice, nor can all legal issues that may result from epilepsy be answered, but it attempts to outline major issues for the most common concerns among those of us with epilepsy.

Keywords

Americans With Disabilities Actchild custodyemployment discriminationepilepsymotor vehicle licensinghealth insurancefamily law
Type
Chapter
Information
Women with Epilepsy
A Handbook of Health and Treatment Issues
 , pp. 269 - 280
Publisher: Cambridge University Press
Print publication year: 2003

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References

Epilepsy Foundation. The Americans With Disabilities Act – A Guide to Provisions Affecting Persons With Seizure Disorders. Landover, MD, 1992
Wyllie Elaine. Legal aspects of epilepsy. In The Treatment of Epilepsy: Principles and Practice, 2nd edn. Williams and Wilkins, Baltimore, MD, 1997
Epilepsy Foundation. Seizure Disorders, Facts and Issues. Landover, MD, 1998
Eckles v. Consolidated Rail Corp., 94 F.3d 1041 (7th Cir. 1996.)
Jacques v. Clean-Up Group, 96 F.3d 506 (1st Cir. 1996.)
Martinson v. Kinney Shoe Corp., 104 F.3d 683 (4th Cir. 1997)
Matczak v. Frankford Candy and Chocolate Company, 136 F.3d 933 (3d Cir. 1997.)
Roberts by & Through Rodenberg-Roberts v. KinderCare Leaning Ctrs., 86 F.3d 844 (8th Cir. 1996.)
Eckles v. Consolidated Rail Corp., 94 F.3d 1041 (7th Cir. 1996.)
Jacques v. Clean-Up Group, 96 F.3d 506 (1st Cir. 1996.)
Martinson v. Kinney Shoe Corp., 104 F.3d 683 (4th Cir. 1997)
Matczak v. Frankford Candy and Chocolate Company, 136 F.3d 933 (3d Cir. 1997.)
Roberts by & Through Rodenberg-Roberts v. KinderCare Leaning Ctrs., 86 F.3d 844 (8th Cir. 1996.)

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