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Outputs (5)

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.