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Outputs (69)

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.