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Skeleton Keys to Hospital Doors: Adolescent Adults who Refuse Life-Sustaining Medical Treatment (2023)
Journal Article
Cave, E., & Cave, H. (2023). Skeleton Keys to Hospital Doors: Adolescent Adults who Refuse Life-Sustaining Medical Treatment. Modern Law Review, 86(4), 984-1010. https://doi.org/10.1111/1468-2230.12798

We consider how the sufficiency of young adults’ autonomy is judged in light of biological, social and psychological evidence that adolescence can continue into the mid 20s. Until then, adolescent adults are prone to developmental immaturity which ca... Read More about Skeleton Keys to Hospital Doors: Adolescent Adults who Refuse Life-Sustaining Medical Treatment.

Should states restrict recipient choice amongst relevant and available COVID-19 vaccines? (2022)
Journal Article
Cave, E., & McMahon, A. (2023). Should states restrict recipient choice amongst relevant and available COVID-19 vaccines?. Medical Law Review, 31(2), 272-292. https://doi.org/10.1093/medlaw/fwac042

Several COVID-19 vaccinations have been authorised worldwide. Whilst some vaccines are contraindicated for certain age groups or health conditions, there are often multiple clinically suitable authorised vaccine brands available. Few states have allo... Read More about Should states restrict recipient choice amongst relevant and available COVID-19 vaccines?.

Involving parents in paediatric clinical ethics committee deliberations: a current controversy (2022)
Journal Article
Brierley, J., Archard, D., & Cave, E. (2023). Involving parents in paediatric clinical ethics committee deliberations: a current controversy. Journal of Medical Ethics, 49(11), 733-736. https://doi.org/10.1136/jme-2022-108460

In cases where the best interests of the child are disputed or finely balanced, Clinical Ethics Committees (CECs) can provide a valuable source of advice to clinicians and Trusts on the pertinent ethical dimensions. Recent judicial cases have critici... Read More about Involving parents in paediatric clinical ethics committee deliberations: a current controversy.

Nasogastric tube feeding under physical restraint on paediatric wards: ethical, legal and practical considerations regarding this lifesaving intervention (2022)
Journal Article
Fuller, S. J., Chapman, S., Cave, E., Druce-Perkins, J., Daniels, P., & Tan, J. (2023). Nasogastric tube feeding under physical restraint on paediatric wards: ethical, legal and practical considerations regarding this lifesaving intervention. BJPsych Bulletin, 47(2), 105-110. https://doi.org/10.1192/bjb.2022.11

Eating disorders have the highest mortality rate of any psychiatric condition. Since the COVID-19 pandemic, the number of patients who have required medical stabilisation on paediatric wards has increased significantly. Likewise, the number of patien... Read More about Nasogastric tube feeding under physical restraint on paediatric wards: ethical, legal and practical considerations regarding this lifesaving intervention.

Ethical advice in paediatric care (2021)
Journal Article
Brierley, J., Cave, E., & Archard, D. (2022). Ethical advice in paediatric care. Archives of Disease in Childhood, 107, Article e18. https://doi.org/10.1136/archdischild-2021-322671

The need for local ethics advice during the COVID-19 pandemic has put a spotlight on Clinical Ethics Committees (CECs) and services. In this review, we focus on paediatric CECs which raise both generic questions and specific issues. In doing this, we... Read More about Ethical advice in paediatric care.

Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey (2021)
Journal Article
Dittborn, M., Cave, E., & Archard, D. (2022). Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey. Journal of Medical Ethics, 48(10), 695-701. https://doi.org/10.1136/medethics-2021-107818

Background: The COVID-19 pandemic highlighted the need for clinical ethics support provision to ensure as far as possible fair decision-making and to address healthcare workers’ moral distress. Purpose: To describe the availability, characteristics a... Read More about Clinical ethics support services during the COVID-19 pandemic in the UK: a cross-sectional survey.

Compulsory Childhood Vaccination: Human Rights, Solidarity and Best Interests (2021)
Journal Article
Archard, D., Brierley, J., & Cave, E. (2021). Compulsory Childhood Vaccination: Human Rights, Solidarity and Best Interests. Medical Law Review, 29(4), 716-727. https://doi.org/10.1093/medlaw/fwab024

Across Europe an increasing number of States have set out policies which limit the right of parents to refuse routinely administered vaccinations on their children’s behalf. The Grand Chamber of the European Court of Human Rights in Vavřička and Ot... Read More about Compulsory Childhood Vaccination: Human Rights, Solidarity and Best Interests.

Challenging misconceptions about clinical ethics support during COVID-19 and beyond: Role, remit and representation (2021)
Journal Article
Brierley, J., Archard, D., & Cave, E. (2021). Challenging misconceptions about clinical ethics support during COVID-19 and beyond: Role, remit and representation. Journal of Medical Ethics, 47(8), 549-552. https://doi.org/10.1136/medethics-2020-107092

The pace of change and, indeed, the sheer number of clinical ethics committees (not to be confused with research ethics committees) has accelerated during the COVID-19 pandemic. Committees were formed to support healthcare professionals and to operat... Read More about Challenging misconceptions about clinical ethics support during COVID-19 and beyond: Role, remit and representation.

Confirmation of the High Court’s Power to Override a Child’s Treatment Decision: A NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam) (2021)
Journal Article
Cave, E. (2021). Confirmation of the High Court’s Power to Override a Child’s Treatment Decision: A NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam). Medical Law Review, 29(3), 537-546. https://doi.org/10.1093/medlaw/fwab007

X, who was nearly 16 at the time of the application, was ‘mature and wise beyond her years’. She has a serious medical condition, sickle cell syndrome, which can cause crises where urgent administration of blood products that are contrary to her reli... Read More about Confirmation of the High Court’s Power to Override a Child’s Treatment Decision: A NHS Trust v X (In the matter of X (A Child) (No 2)) [2021] EWHC 65 (Fam).

Healthcare professional standards in pandemic conditions: The duty to obtain consent to treatment (2020)
Journal Article
Devaney, S., Miola, J., Cave, E., Purshouse, C., & Heywood, R. (2020). Healthcare professional standards in pandemic conditions: The duty to obtain consent to treatment. Journal of Bioethical Inquiry, 17(4), 789-792. https://doi.org/10.1007/s11673-020-10048-1

In the United Kingdom, the question of how much information is required to be given to patients about the benefits and risks of proposed treatment remains extant. Issues about whether healthcare resources can accommodate extended shared decision-maki... Read More about Healthcare professional standards in pandemic conditions: The duty to obtain consent to treatment.

Head to Head: Should doctors tackling covid-19 be immune from negligence liability claims? (2020)
Journal Article
Tomkins, C., Purshouse, C., Heywood, R., Miola, J., Cave, E., & Devaney, S. (2020). Head to Head: Should doctors tackling covid-19 be immune from negligence liability claims?. British Medical Journal, 2020(370), Article m2487. https://doi.org/10.1136/bmj.m2487

Litigation related to exceptional circumstances would be a complicated drain on a workforce and system already on its knees after the pandemic, says Christine Tomkins. But Craig Purshouse, Rob Heywood, José Miola, Emma Cave, and Sarah Devaney argue t... Read More about Head to Head: Should doctors tackling covid-19 be immune from negligence liability claims?.

Informing Patients: The Bolam Legacy (2020)
Journal Article
Cave, E., & Milo, C. (2020). Informing Patients: The Bolam Legacy. Medical Law International, 20(2), 103-130. https://doi.org/10.1177/0968533220954228

In the context of medical advice to patients, the UK decision in Montgomery v. Lanarkshire Health Board rejected the application of Bolam v. Friern Hospital Management Committee. This article argues that the rejection is neither complete nor settled.... Read More about Informing Patients: The Bolam Legacy.

Valid consent to medical treatment (2020)
Journal Article
Cave, E. (2021). Valid consent to medical treatment. Journal of Medical Ethics, 47(12), Article e31. https://doi.org/10.1136/medethics-2020-106287

When consent to medical treatment is described as ‘valid’, it might simply mean that it has a sound basis, or it could mean that it is legally valid. Where the two meanings are regularly interchanged, however, it can lead to aspects of the sound basi... Read More about Valid consent to medical treatment.

COVID-19 super-spreaders: definitional quandaries and implications (2020)
Journal Article
Cave, E. (2020). COVID-19 super-spreaders: definitional quandaries and implications. Asian Bioethics Review, 12(2), 235-242. https://doi.org/10.1007/s41649-020-00118-2

Uncertainty around the role ‘super-spreaders’ play in the transmission and escalation of infectious disease is compounded by its broad and vague definition. It is a term that has been much used in relation to COVID-19, particularly in social media. O... Read More about COVID-19 super-spreaders: definitional quandaries and implications.

Making decisions for children: Accommodating parental choice in best interests determinations. Barts Health NHS Trust v Raqeeb [2019] EWHC 2530 (Fam); Raqeeb and Barts Health NHS Trust [2019] EWHC 2531 (Admin) (2019)
Journal Article
Cave, E., Archard, D., & Brierley, J. (2020). Making decisions for children: Accommodating parental choice in best interests determinations. Barts Health NHS Trust v Raqeeb [2019] EWHC 2530 (Fam); Raqeeb and Barts Health NHS Trust [2019] EWHC 2531 (Admin). Medical Law Review, 28(1), 183-196. https://doi.org/10.1093/medlaw/fwz038

Four-year-old Tafida Raqeeb suffered a sudden and catastrophic brain injury resulting from a rare condition. UK doctors would not agree to a transfer of Tafida to a hospital in Italy in circumstances that they considered to be contrary to her best in... Read More about Making decisions for children: Accommodating parental choice in best interests determinations. Barts Health NHS Trust v Raqeeb [2019] EWHC 2530 (Fam); Raqeeb and Barts Health NHS Trust [2019] EWHC 2531 (Admin).

Patient rights to participate in treatment decisions: Choice, consultation and knowledge (2019)
Journal Article
Cave, E., & Reinach, N. (2019). Patient rights to participate in treatment decisions: Choice, consultation and knowledge. Journal of medical law and ethics, 7(2), 157-176. https://doi.org/10.7590/221354019x15678416128130

Article 8 of the European Convention on Human Rights supports the right to participate in decisions that affect our lives. Article 8 was a relevant factor in the Supreme Court decision of Montgomery v Lanarkshire Health Board [2015] which makes signi... Read More about Patient rights to participate in treatment decisions: Choice, consultation and knowledge.

Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making (2019)
Journal Article
Cave, E. (2020). Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making. Health Care Analysis, 28, 4-24. https://doi.org/10.1007/s10728-019-00384-8

Professional control in the selection of treatment or investigatory options for patients is changing. In light of social and legal developments emphasising patient choice and autonomy, and restricting medical paternalism and judicial deference, this... Read More about Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making.

Think of the Children: Liability for Non-disclosure of Information Post-Montgomery (2019)
Journal Article
Cave, E., & Purshouse, C. (2020). Think of the Children: Liability for Non-disclosure of Information Post-Montgomery. Medical Law Review, 28(2), 270-292. https://doi.org/10.1093/medlaw/fwz023

In 2015 the Supreme Court in Montgomery v Lanarkshire Health Board handed down a landmark decision on informed consent to medical treatment, heralding a legal shift to a more patient-centred approach. Montgomery, and the extensive commentary that has... Read More about Think of the Children: Liability for Non-disclosure of Information Post-Montgomery.

The Far-Reaching Implications of Montgomery for Risk Disclosure in Practice (2018)
Journal Article
Devaney, S., Purshouse, C., Cave, E., Heywood, R., Miola, J., & Reinach, N. (2019). The Far-Reaching Implications of Montgomery for Risk Disclosure in Practice. Journal of Patient Safety and Risk Management, 24(1), 25-29. https://doi.org/10.1177/2516043518811501

The landmark decision of Montgomery set out a revised approach to risk disclosure which the courts have subsequently developed. Sarah Devaney and colleagues identify the legal trends and their implications for practice and the GMC’s impending revisio... Read More about The Far-Reaching Implications of Montgomery for Risk Disclosure in Practice.