Citation

Thorpe D. J. Law Med. 2021; 28(3): 760-779.

Copyright

(Copyright © 2021, Thompson - LBC Information Services)

DOI

unavailable

PMID

unavailable

Abstract

Athletes, many comparatively young, are reported to have initiated legal action claiming their sporting organisation negligently failed to inform itself of the risk of chronic traumatic encephalopathy (CTE) and to warn its athletes of that risk when sufficient information to do so was available. This article considers the legal obligation of sporting organisations, perhaps through their medical staff, "to be informed" of the risk of CTE, to assess the risk, and to warn their athletes of that risk. The law pertaining to the "medical model", adjusted as to expertise, is proposed as the most suitable test of liability for failure to be informed and to warn. On the basis that CTE is a malady caused by repetitive head trauma, this article argues that delays in acquiring knowledge and warning of the risk of CTE deny athletes the opportunity to make a timely response to the risk of cognitive harm.

Language: en

Keywords

dementia; concussion; chronic traumatic encephalopathy; brain trauma; governing organisation; inform; material risk; sport; sport club; sporting organisation; warn