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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, 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.

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.

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?.

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.

Protecting Patients from their Bad Decisions: Rebalancing Rights, Relationships, and Risk (2017)
Journal Article
Cave, E. (2017). Protecting Patients from their Bad Decisions: Rebalancing Rights, Relationships, and Risk. Medical Law Review, 25(4), 527-553. https://doi.org/10.1093/medlaw/fww046

Patients have a right to autonomy that encompasses making medical decisions that others consider ‘bad’. The ambits of this right in law and clinical practice are explored in this article, which describes an expansion of welfare protections across dif... Read More about Protecting Patients from their Bad Decisions: Rebalancing Rights, Relationships, and Risk.

Maternal responsibility to the child not yet born (2016)
Book Chapter
Cave, E., & Stanton, C. (2016). Maternal responsibility to the child not yet born. In C. Stanton, S. Devaney, F. A-m, & A. Mullock (Eds.), Pioneering Healthcare Law: Essays in Honour of Margaret Brazier (280-292). Routledge

Voluntary Vaccination: The Pandemic Effect (2016)
Journal Article
Cave, E. (2017). Voluntary Vaccination: The Pandemic Effect. Legal Studies, 37(2), 279-304. https://doi.org/10.1111/lest.12144

Justification of a voluntary vaccination policy in England and Wales rests on tenuous foundations. Two arguments against voluntary vaccination are gaining ground. The first is that globalisation necessitates preparedness strategies for pandemics. Ass... Read More about Voluntary Vaccination: The Pandemic Effect.

Disclosure of Confidential Information to Protect the Patient: The Role of Legal Capacity in the Evolution of Professional Guidance (2015)
Journal Article
Cave, E. (2015). Disclosure of Confidential Information to Protect the Patient: The Role of Legal Capacity in the Evolution of Professional Guidance. Journal of medical law and ethics, 2015(1-2), 7-23

There are a number of exceptions to the general rule that patients at risk of harm because they withhold consent to doctors disclosing their confidential information should be respected. Disclosure may be mandated by law or the patient may lack capac... Read More about Disclosure of Confidential Information to Protect the Patient: The Role of Legal Capacity in the Evolution of Professional Guidance.

Determining capacity to make medical treatment decisions : problems implementing the mental capacity act 2005 (2014)
Journal Article
Cave, E. (2015). Determining capacity to make medical treatment decisions : problems implementing the mental capacity act 2005. Statute Law Review, 36(1), 86-106. https://doi.org/10.1093/slr/hmu034

The Mental Capacity Act 2005 sets out a ground-breaking statutory framework to empower and protect vulnerable people who are incapable of making their own decisions. The Act incorporates empowering and safeguarding measures, but the balance between t... Read More about Determining capacity to make medical treatment decisions : problems implementing the mental capacity act 2005.

Adolescent refusal of MMR inoculation: F (Mother) v F (Father) (2014)
Journal Article
Cave, E. (2014). Adolescent refusal of MMR inoculation: F (Mother) v F (Father). Modern Law Review, 77(4), 630-640. https://doi.org/10.1111/1468-2230.12082

F (Mother) v F (Father) concerned a dispute between parents as to whether or not their 15 and 11 year old children should receive the MMR inoculation. Mrs Justice Theis took into consideration the wishes of both parents and the two ‘intelligent, arti... Read More about Adolescent refusal of MMR inoculation: F (Mother) v F (Father).

Goodbye Gillick? Identifying and resolving Problems with the Concept of Child Competence (2014)
Journal Article
Cave, E. (2014). Goodbye Gillick? Identifying and resolving Problems with the Concept of Child Competence. Legal Studies, 34(1), 103-122. https://doi.org/10.1111/lest.12009

The landmark decision of Gillick v West Norfolk Area Health Authority was a victory for advocates of adolescent autonomy. It established a test by which the court could measure children's competence with a view to them authorising medical treatment.... Read More about Goodbye Gillick? Identifying and resolving Problems with the Concept of Child Competence.

Competence and authority: adolescent treatment refusals for physical and mental health conditions (2012)
Journal Article
Cave, E. (2013). Competence and authority: adolescent treatment refusals for physical and mental health conditions. Contemporary Social Science, 8(2), 92-103. https://doi.org/10.1080/21582041.2012.751502

This article explores the relationship between competence and authority in relation to medical treatment refusals. Comparing provisions directed at adults and young people, the author explores the options before the court if a test case (called for b... Read More about Competence and authority: adolescent treatment refusals for physical and mental health conditions.

Minors' Capacity to Refuse Treatment: A Reply to Gilmore and Herring (2012)
Journal Article
Cave, E., & Wallbank, J. (2012). Minors' Capacity to Refuse Treatment: A Reply to Gilmore and Herring. Medical Law Review, 20(3), 423-449. https://doi.org/10.1093/medlaw/fws003

Re R and Re W allow a parent to consent to treatment a competent minor refuses, but the cases have not been tested post-Human Rights Act 1998. Gilmore and Herring offer a means by which they might be distinguished or sidelined. They interpret Gillick... Read More about Minors' Capacity to Refuse Treatment: A Reply to Gilmore and Herring.

Maximisation of Minors' Capacity (2011)
Journal Article
Cave, E. (2011). Maximisation of Minors' Capacity. Child and family law quarterly, 23(4), 431-449

Section 3(2) of the Mental Capacity Act 2005 requires doctors to take practical steps to help a person with impaired capacity to make a competent medical decision. This legal duty does not extend to minors under the age of 16. They must prove their c... Read More about Maximisation of Minors' Capacity.

Redress in the NHS (2011)
Journal Article
Cave, E. (2011). Redress in the NHS. Tottel's journal of professional negligence, 27(3), 138-157

Seen but not heard? Children in Clinical Trials (2010)
Journal Article
Cave, E. (2010). Seen but not heard? Children in Clinical Trials. Medical Law Review, 18(1), 1-27. https://doi.org/10.1093/medlaw/fwp024

The Medicines for Human Use (Clinical Trials) Regulations put into effect the European Union Clinical Trials Directive 2001, which aims to facilitate and harmonise standards in research across Europe. The Regulations apply only to ‘clinical trials of... Read More about Seen but not heard? Children in Clinical Trials.

Adolescent Consent and Confidentiality in the UK (2009)
Journal Article
Cave, E. (2009). Adolescent Consent and Confidentiality in the UK. European Journal of Health Law, 16(4), 309-331. https://doi.org/10.1163/092902709x12506817652775

In R (Axon) v Secretary of State for Health the Gillick competence test was confirmed. Commitment to childhood autonomy and privacy rights caused renewed academic criticism of the 'refusal' cases. This paper considers the form any changes to the law... Read More about Adolescent Consent and Confidentiality in the UK.

Clinical Audit and Reform of the UK Research Ethics Review System (2007)
Journal Article
Cave, E., & Nichols, C. (2007). Clinical Audit and Reform of the UK Research Ethics Review System. Theoretical Medicine and Bioethics, 28(3), 181-203. https://doi.org/10.1007/s11017-007-9034-0

There is an international consensus that medical research involving humans should only be undertaken in accordance with ethical principles. Paradoxically though, there is no consensus over the kinds of activities that constitute research and should b... Read More about Clinical Audit and Reform of the UK Research Ethics Review System.

Reforming the Ethical Review System: Balancing the Rights and Interests of Research Participants with the Duty to Facilitate Good Research (2007)
Journal Article
Cave, E., & Nichols, C. (2007). Reforming the Ethical Review System: Balancing the Rights and Interests of Research Participants with the Duty to Facilitate Good Research. Clinical Ethics, 2(2), 74-79. https://doi.org/10.1258/147775007781029573

Researchers have frequently complained that the NHS ethical review system stifles good research. At last measures are being put in place to address this criticism, but will they undermine the protection of research participants? The Declaration of He... Read More about Reforming the Ethical Review System: Balancing the Rights and Interests of Research Participants with the Duty to Facilitate Good Research.

Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child? (2007)
Journal Article
Cave, E. (2007). Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child?. Medical Law International, 8(2), 165-187. https://doi.org/10.1177/096853320700800203

Alcohol and drug misuse in pregnancy can cause long-term harm to the born-alive child. Where pregnant women decide to bring the foetus to term but resist medical treatment that will benefit them both, there are two ways in which the law might force i... Read More about Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child?.

The Mother of All Crimes: Human Rights, Criminalization and the Child Born Alive (2004)
Book
Cave, E. (2004). The Mother of All Crimes: Human Rights, Criminalization and the Child Born Alive. Routledge. https://doi.org/10.4324/9781351146005

This book considers the appropriate response of the criminal law with regard to women whose acts or omissions in pregnancy cause the death or injury of the child born alive. It compares recent developments in English law in the light of the Human Rig... Read More about The Mother of All Crimes: Human Rights, Criminalization and the Child Born Alive.

New Governance Arrangements for Research Ethics Committees: Is Facilitating Research Achieved at the Cost of Participants' Interest (2002)
Journal Article
Cave, E., & Holm, S. (2002). New Governance Arrangements for Research Ethics Committees: Is Facilitating Research Achieved at the Cost of Participants' Interest. Journal of Medical Ethics, 28(5), 318-321. https://doi.org/10.1136/jme.28.5.318

This paper examines the UK’s response to a recent European Clinical Trials Directive, namely the Department of Health, Central Office for Research Ethics Committee guidance, Governance Arrangements for NHS Research Ethics Committees. The revisions ha... Read More about New Governance Arrangements for Research Ethics Committees: Is Facilitating Research Achieved at the Cost of Participants' Interest.

Should Local Research Ethics Committees Monitor Research they have Approved? (2000)
Journal Article
Cave (née Pickworth), E. (2000). Should Local Research Ethics Committees Monitor Research they have Approved?. Journal of Medical Ethics, 26(5), 330-333. https://doi.org/10.1136/jme.26.5.330

The function of local research ethics committees is to consider the ethics of research proposals using human participants. After approval has been given, there is no comprehensive system in place to monitor research and ensure that recommendations ar... Read More about Should Local Research Ethics Committees Monitor Research they have Approved?.