Importance of diagnosing CTE during life-legal medicine implications

The duty to diagnose and treat a disease early is a fundamental consideration in the tort law of negligence. This concept is not limited to doctor-patient relationships but is also relevant to all relationships where a duty of care exists. Chronic Traumatic Encephalopathy (CTE) remains a post-mortem diagnosis for which there cannot be an ante-mortem intervention as it cannot be diagnosed during a person's lifetime. Traumatic Encephalopathy Syndrome (TES) is postulated as the ante-mortem precursor of CTE which may translate into possible intervention, directed towards its prevention that may result in ante-mortem protection against CTE. The paper, to be presented, will explore that which constitutes both CTE and TES as well as reviewing the potential legal medicine ramifications of the diagnosis. The duty to diagnose and treat early applies to both medical professionals and organisations (such as football clubs or Defence Forces). Early detection of TES may lead to fulfilling both the doctor's and the organisation's duty to diagnose and treat CTE early.