Dr Peter Kim – Health Law & Chronic Traumatic Encephalopathy
Credentials
- DipLaw (Legal Practitioner’s Admission Board) through the Legal Extension Committee of the University of Sydney
- Graduate Certificate in Legal Practice (College of Law)
- Admitted as a Lawyer – the Supreme Court of New South Wales.
Chronic Traumatic Encephalopathy
Kim PS, Beran RG. Chronic traumatic encephalopathy/traumatic encephalopathy syndrome in military personnel. Journal of Military and Veterans Health. 2022 Jul 1;30(3):40-8. <Link>
Kim PS, Beran RG. Repeated Head Trauma, Traumatic Encephalopathy Syndrome, Chronic Traumatic Encephalopathy and Medicolegal/Legal Medicine Implications. Submitted to Journal of Law & Medicine. Accepted.
Kim PS, Beran RG. Importance of Diagnosing CTE During Life and Legal Medicine Implications. Abstract submitted to the World Congress of Legal Medicine, 2022, Decmeber 1-3, Gold Coast, Australia. Presented and published.
Kim PS, Beran RG. Importance of Diagnosing CTE During Life and Legal Medicine Implications. MedLaw (2023) 42: 2; 423-434.
Moderator, Chronic Traumatic Encephalopathy and Concussion Panel. World Congress of Legal Medicine, 2022, December 1-3, Gold Coast, Australia. Accepted and Moderated.
Kim PS, Beran RG. How to Treat: Chronic Traumatic Encephalopathy and Traumatic Encephalopathy Syndrome. Australian Doctors. Accepted for publication August 2023.
Kim PS, Beran RG. Legal Medicine Implications of a mulidisciplinary approach to managing Trauamatic Encephalopathy Sydrome, Volume 14 – 2023 | doi: 10.3389/fneur.2023.1179319 <LINK>
HEALTH LAW
Stewart C, Kim PS. The Standard of Care Test Revisited: Competing Approaches to Defining Competent Profession Practice in Australia. (2023) 30 JLM 1
This article is the first case report of Traumatic Encephalopathy Syndrome in a veteran of Australian Defence Force. Dr Peter Kim discusses the importance of diagnosing Chronic Traumatic Encephalopathy during the life of veterans and recommends ways we can diagnose them early.
Citation: Kim PS, Beran RG. Chronic traumatic encephalopathy/traumatic encephalopathy syndrome in military personnel. Journal of Military and Veterans Health. 2022 Jul 1;30(3):40-8.
Full article can be viewed here:
https://search.informit.org/doi/abs/10.3316/informit.616671149197705
Former Ryde Councillor, Dr Peter Kim, to continue research into head injuries (2022). The Weekly Times, 2 November 2022.
Dr Peter Kim’s presentation at the World Congress of Medicine & Law.
He published his paper on importance of diagnosing CTE during life and moderated a session on Chronic Traumatic Encephalopathy.
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This paper was published in Frontier Neurology. Diagnosis and Treatment of Chronic Traumatic Encephalopathy is complex. The best approach to diagnose and treat CTE is through multidisciplinary approach. This paper advocates for a multidisciplinary team approach to diagnose and manage CTE. It also looks at the legal implications of such team appreach.
Link. https://www.frontiersin.org/articles/10.3389/fneur.2023.1179319/abstract
Importance of diagnosing CTE during Life – Legal Medicine Implications (2023)
Citation: Kim PS, Beran RG. Importance of Diagnosing CTE During Life and Legal Medicine Implications. MedLaw (2023) 42: 2; 423-434.
This is the paper that was published in the Journal of Medicine & Law, an official publication of World Association for Medical Law.
Abstract:
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.
Abstract
This section examines the recent decision of the New South Wales Court of Appeal in Dean v Pope [2022] NSWCA 260. The decision settles a long-running dispute in New South Wales about the test for the standard of care under s 5O of the Civil Liability Act 2002 (NSW). That provision was introduced following the medical indemnity crisis of the early 2000s and provided for a modified Bolam test to protect professionals from claims in negligence when they had acted in accordance with a standard of “competent professional practice”. In recent years there has been controversy regarding whether that section required the practice to be one already established to satisfy the section. This section examines the decision, how fits into the history of the Ipp reforms and what it means for other jurisdictions in Australia.
Abstract;
The medical profession has a fundamental obligation to accurately diagnose and effectively treat a range of diseases and conditions. In the case of Traumatic Encephalopathy Syndrome (TES), where there are no universally accepted clinical diagnostic criteria, a clear clinical diagnosis can pose significant challenges for healthcare providers and for subsequent appropriate management. “Nihilism” or an uncertain working diagnosis is not acceptable in the medical field and deserves further consideration. This paper explores the legal obligations that are placed upon healthcare professionals, both individually and as a part of a multidisciplinary team. This article analyses the responsibilities and expectations of medical professionals in diagnosing and treating complex medical conditions, such as TES. The authors address legal issues that must be considered for an effective operation of integrated medicine to enhance the overall quality of care and improving patient outcomes for those affected with underlying Chronic Traumatic Encephalopathy (CTE).
https://www.frontiersin.org/articles/10.3389/fneur.2023.1179319/full