Professor Emma Cave, LLB. M.Jur, PhD, SFHEA
Professor Cave publishes widely in the field of Medical Law and teaches Law and Medicine and Torts. She is currently Director of Research and Deputy Dean of the Law School and editorial board member of OUP's Medical Law Review and of the Journal of Medical Law and Ethics.
Her principal areas of research include compulsion, capacity and consent and she has published recently on public health, NHS redress and medical research. Her monograph, The Mother of All Crimes was published by Ashgate in 2004 and the sixth edition of her co-authored book (with Professor Margaret Brazier), Medicine, Patients and the Law was published in August 2016.
Professor Cave has worked on a number of multi-disciplinary research projects. One developed professional training for research ethics committees, another attempted to delimit the research concept. One analysed the role of empirical methods in bioethics, anotther looked at Medical Practitioners, Adolescents and Informed Consent.
Professor Cave would be delighted to hear from potential students interested in researching any area of medical law, and particularly happy to hear from those interested in legal and ethical issues relating to compulsion, consent, medical research and issues pertaining to the foetus.
Her most recent PhD students research/ed professional regulation, abortion, biobanks, consent and wrongful life and birth litigation. Please read the information here and contact her to arrange for advice on your draft proposal.
- Clinical Negligence
- Healthcare research
- Medical Ethics
- Medical Law
- Brazier, Margaret & Cave, Emma (2016). Medicine, Patients and the Law. Manchester University Press.
- Brazier, Margaret & Cave, Emma (2011). Medicine, Patients and the Law. Penguin.
- Brazier, Margaret & Cave, Emma (2007). Medicine, Patients and the Law. Penguin; Lexis Nexis Butterworths.
- Cave, Emma (2004). The Mother of All Crimes. Ashgate.
Chapter in book
- Cave, Emma & Doughty, Julie (2017). F v F  IN THE HIGH COURT OF JUSTICE FAMILY DIVISION. In Rewriting Children's Rights Judgments: From Academic Vision to New Practice. Stalford, Helen, Hollingsworth, Kathryn & Gilmore, Stephen Oxford: Hart.
- Cave, Emma & Stanton, Catherine (2016). Maternal responsibility to the child not yet born. In Pioneering Healthcare Law: Essays in Honour of Margaret Brazier. Stanton C, Devaney S, Farrell A-M & Mullock A Routledge. 280-292.
- Cave, Emma (2013). Adolescent Consent to Medical Treatment. In Oxford Bibliographies in Childhood Studies. (New York: Oxford University Press). Montgomery, Heather Oxford (USA).
- Cave, Emma (2017). Protecting Patients from their Bad Decisions: Rebalancing Rights, Relationships, and Risk. Medical Law Review 25(4): 527-553.
- Cave, Emma & Tan, Jacinta (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.
- Cave, Emma (2017). The Ill-Informed: Consent to Medical Treatment and the Therapeutic Exception. Common Law World Review 46(2): 140-168.
- Cave, Emma (2017). Voluntary Vaccination: The Pandemic Effect. Legal Studies 37(2): 279-304.
- Cave, Emma & Nottingham, Emma (2017). Who Knows Best (Interests)?: The Case of Charlie Gard. Medical Law Review
- Cave, Emma (2015). Determining capacity to make medical treatment decisions problems implementing the mental capacity act 2005. Statute Law Review 36(1): 86-106.
- Cave, Emma (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.
- Cave, Emma (2014). Adolescent refusal of MMR inoculation: F (Mother) v F (Father). Modern Law Review 77(4): 630-640.
- Cave, Emma (2014). Goodbye Gillick? Identifying and resolving Problems with the Concept of Child Competence. Legal Studies 34(1): 103-122.
- Cave, Emma (2013). Competence and authority: adolescent treatment refusals for physical and mental health conditions. Contemporary Social Science 8(2): 92-103.
- Cave, Emma & Wallbank, Julie (2012). Minors' Capacity to Refuse Treatment: A Reply to Gilmore and Herring. Medical Law Review 20(3): 423-449.
- Cave, Emma (2011). Maximisation of Minors' Capacity. Child and Family Law Quarterly 23(4): 431-449.
- Cave, Emma (2011). Redress in the NHS. Journal of Professional Negligence 27(3): 138-157.
- Cave, Emma (2010). Seen but not heard? Children in Clinical Trials. Medical Law Review 18(1): 1-27.
- Cave, Emma (2009). Adolescent Consent and Confidentiality in the UK. European Journal of Health Law 16(4): 309-331.
- Brazier, Margaret & Cave, Emma (2008). Why We Wrote. Medicine, Patients and the Law. Clinical Ethics 3(4): 205-208.
- Cave, Emma & Nichols, Christopher (2007). Clinical Audit and Reform of the UK Research Ethics Review System. Theoretical Medicine and Bioethics 28(3): 181-203.
- Cave, Emma (2007). Drink and Drugs in Pregnancy: Can the Law Prevent Avoidable Harm to the Future Child?. Medical Law International 8(2): 165-187.
- Cave, Emma & Nichols, Chris (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.
- Cave, Emma & Holm, Søren (2003). Milgram and Tuskegee — Paradigm Research Projects in Bioethics. Health Care Analysis 11(1): 27-40.
- Cave, Emma & Holm, Soren (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.
- Strobl, Judith, Cave, Emma & Walley, Tom (2000). Data protection legislation: interpretation and barriers to research. British Medical Journal 321: 890-892.
- Cave (née Pickworth), E. (2000). Should Local Research Ethics Committees Monitor Research they have Approved?. Journal of Medical Ethics 26(5): 330-333.
Other (Digital/Visual Media)
- Cave, Emma (2017). Brexit and the regulation of clinical trials. BMJ Opinion.
- Cave, Emma & Gaw, Allan (2017). NIHR Podcast: Clinical Research and Brexit.
- Cave, Emma (2015). Briefing Paper. Young People with Mental Disorder: Towards a law fit for purpose.
- Cave, Emma (2013). Young People who Refuse Life Sustaining Treatment: A Briefing Paper on Current Law and the Need for Reform.