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All Outputs (86)

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), 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), 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.

EU Clinical Trials Regulation 2014: Fetter or facilitator? (2018)
Journal Article
Cave, E. (2018). EU Clinical Trials Regulation 2014: Fetter or facilitator?. Medical Law International, 18(2-3), 179-194. https://doi.org/10.1177/0968533218799535

European Union (EU) Clinical Trials Regulation 536/2014, expected to come into force in 2019, provides for a streamlined single EU application for cross-border clinical trials and enhanced transparency of results. The status of the Regulation in post... Read More about EU Clinical Trials Regulation 2014: Fetter or facilitator?.

F v F [2013] IN THE HIGH COURT OF JUSTICE FAMILY DIVISION (2017)
Book Chapter
Cave, E., & Doughty, J. (2017). F v F [2013]
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION. In H. Stalford, K. Hollingsworth, & S. Gilmore (Eds.), Rewriting Children's Rights Judgments: From Academic Vision to New Practice. Hart Publishing. http://www.bloomsburyprofessional.com/9781782259251/

Brexit and the regulation of clinical trials (2017)
Digital Artefact
Cave, E. (2017). Brexit and the regulation of clinical trials [BMJ Opinion]. British Medical Journal. http://blogs.bmj.com/bmj/2017/04/20/emma-cave-brexit-and-the-regulation-of-clinical-trials/

Who Knows Best (Interests)? The Case of Charlie Gard (2017)
Journal Article
Cave, E., & Nottingham, E. (2018). Who Knows Best (Interests)? The Case of Charlie Gard. Medical Law Review, 26(3), 500-513. https://doi.org/10.1093/medlaw/fwx060

When baby Charlie Gard was diagnosed with a rare mitochondrial disease, his parents located a Professor of Neurology in the USA willing to provide nucleoside therapy which offered a theoretical chance of improvement and successfully raised £1.3 milli... Read More about Who Knows Best (Interests)? The Case of Charlie Gard.

Severe and Enduring Anorexia Nervosa in the England and Wales Court of Protection (2017)
Journal Article
Cave, E., & Tan, J. (2017). Severe and Enduring Anorexia Nervosa in the England and Wales Court of Protection. International Journal of Mental Health and Capacity Law, 23(17), 4-24. https://doi.org/10.19164/ijmhcl.v2017i23.629

This article explores legal issues relating to the continuation of in-patient treatment for some patients with severe Anorexia Nervosa, in circumstances where there are doubts as to whether such treatment would be effective. In five recent cases, the... Read More about Severe and Enduring Anorexia Nervosa in the England and Wales Court of Protection.

The Ill-Informed: Consent to Medical Treatment and the Therapeutic Exception (2017)
Journal Article
Cave, E. (2017). The Ill-Informed: Consent to Medical Treatment and the Therapeutic Exception. Common Law World Review, 46(2), 140-168. https://doi.org/10.1177/1473779517709452

Affirming the doctrine of informed consent, the UK Supreme Court in Montgomery v Lanarkshire HB belatedly followed the Australian decision of Rogers v Whitaker, decoupling the duty to inform patients about the material risks of medical treatment from... Read More about The Ill-Informed: Consent to Medical Treatment and the Therapeutic Exception.