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All Outputs (73)

Liability For Rugby Related Neuro-Degenerative Disease: A Question of Tort (2024)
Journal Article
Cave, E., Purshouse, C., & Purshouse, J. (2024). Liability For Rugby Related Neuro-Degenerative Disease: A Question of Tort. Journal of Personal Injury Law, 2, 93-112

This article examines the potential liability of rugby governing bodies in negligence for their alleged past failures to protect players from known risks associated with the neurodegenerative consequences of rugby-related traumatic brain injury. Not... Read More about Liability For Rugby Related Neuro-Degenerative Disease: A Question of Tort.

How should we decide how to treat the child: harm versus best interests in cases of disagreement. (2023)
Journal Article
Archard, D., Cave, E., & Brierley, J. (2023). How should we decide how to treat the child: harm versus best interests in cases of disagreement. Medical Law Review, 32(2), 158–177. https://doi.org/10.1093/medlaw/fwad040

Where parents seek treatment for their young child that healthcare professionals cannot agree to, the High Court can determine what is in the child's best interests. Some activists and academics seek change to impose threshold criteria that would bol... Read More about How should we decide how to treat the child: harm versus best interests in cases of disagreement..

A Future Orientated View of Autonomy (2023)
Book Chapter
Cave, E. (in press). A Future Orientated View of Autonomy. In L. Forsberg, I. Black, A. Skelton, & J. Herring (Eds.), Consenting Children: Autonomy, Well-being, Responsibility. Oxford University Press

This chapter considers qualifications to the view expressed by Lord Scarman in Gillick v West Norfolk and Wisbech Health Authority that ‘a minor’s capacity to make his or her own decision depends upon the minor having sufficient understanding and int... Read More about A Future Orientated View of Autonomy.

The Warnock Report on Human Fertilisation and Embryology (1984) (2023)
Book Chapter
Cave, E. (2023). The Warnock Report on Human Fertilisation and Embryology (1984). In S. Fovargue, & C. Purshouse (Eds.), Leading Works in Health Law and Ethics. London: Routledge. https://doi.org/10.4324/9781003146612-6

When the Report of the Committee of Inquiry into Human Fertilisation and Embryology was published in the UK in 1984, human fertilisation and embryology was developing at pace. The same has been true since and remains the case today. And yet the Commi... Read More about The Warnock Report on Human Fertilisation and Embryology (1984).

Medicine, Patients and the Law (2023)
Book
Brazier, M., Cave, E., & Heywood, R. (2023). Medicine, Patients and the Law. (7th edition). MUP

Embryo research, cloning, assisted conception, neonatal care, pandemic vaccine development, saviour siblings, organ transplants, drug trials - modern developments have transformed the field of medicine almost beyond recognition in recent decades and... Read More about Medicine, Patients and the Law.

Law and policy can do more to address adolescence in early adulthood (2023)
Digital Artefact
Cave, E., & Cave, H. (2023). Law and policy can do more to address adolescence in early adulthood. [Blog Post]

Emma Cave and Hannah Cave discuss their recently published work in which they call for responses in medical policy, law and practice to evidence about how adolescence can affect decision making by young adults

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.

Australian Centre for Health Law Research (ACHLR) 10th Annual Public Oration on Adolescent Consent (2022)
Digital Artefact
Cave, E. (2022). Australian Centre for Health Law Research (ACHLR) 10th Annual Public Oration on Adolescent Consent. [[Media unknown]]

The oration considered 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. Adolescence can impact on developmental immaturity which can in t... Read More about Australian Centre for Health Law Research (ACHLR) 10th Annual Public Oration on Adolescent Consent.

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.

Laurie's Legacy (2022)
Digital Artefact
Cave, E. (2022). Laurie's Legacy. [Blog Post]

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.

Patient autonomy, capacity and consent (children) (2021)
Book Chapter
Berg, J., & Cave, E. (2021). Patient autonomy, capacity and consent (children). In T. Hervey, & D. Orentlicher (Eds.), Oxford Handbook on Comparative Health Law. Oxford University Press

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.