Medico-legal implications of dementia following concussion in rugby football

Abstract

There is litigation in respect of dementia in ex-rugby football players. The allegation is that these ex-players have suffered a traumatic encephalopathy syndrome causing dementia and other neurological problems. The syndrome is alleged to have been caused by repeated concussion during play. It is alleged that governing bodies of rugby should have been aware, and players should have been warned, of this risk. The dilemma, for both claimants and defendants, is that there is no agreed definition of the syndrome nor are there any diagnostic tests that confirm or refute this diagnosis. This paper reviews the literature of traumatic encephalopathy syndrome and when governing bodies were aware of the possibility of rugby concussion causing dementia. The legal principles are discussed and a framework for determining the probability of an ex-rugby player having the syndrome is proposed.