Professor Emma Cave, LLB. M.Jur, PhD, SFHEA

Contact Professor Emma Cave (email at emma.cave@durham.ac.uk)

Biography

Professor Cave publishes widely in the field of Medical Law and teaches Law and Medicine. She serves as a member of the Human Fertilisation and Embryology Authority 2018-2021 and was appointed to the Medical Ethics Expert Group of the Infected Blood Inquiry in 2019. She is an 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 2004 monograph, The Mother of All Crimes was reissued by Routledge in 2018 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, another looked at adoelscent consent to and refusal of medical treatment.

Her latest projects include a British Academy project on the adequacy of ethical advice in the COVID-19 pandemic and an ESRC IAA project on the implications of the Supreme Court judgment Montgomery v Lanarkshire Health Board [2015] on informed consent. She was awarded a Scottish Parliament Academic Fellowship in 2018 to produce a Scottish Parliament Information Centre Briefing on information disclsoure.

She served on the University Ethics Advisory Committee 2017-2020, the University Research Committee from 2016-2018,and as Deputy Dean (Research) to the Law School from 2014-2018.

Research Supervision

Professor Cave would be delighted to hear from potential students interested in researching legal and ethical issues relating to compulsion, consent, medical research and issues pertaining to the foetus.

Her most recent PhD students research/ed abortion, professional regulation, consent and wrongful life and birth litigation. Please read the information here and contact her to arrange for advice on your draft proposal.

Research Groups

Durham Law School

• Centre for Ethics and Law in the Life Sciences
• Human Rights Centre

Research Interests

• Clinical Negligence
• Compulsion
• Consent
• Healthcare research
• Medical Ethics
• Medical Law
• Capacity

Indicators of Esteem

• 2017: Senior Fellow of the Higher Education Authority:
• 2016: Medical Law Review Editorial Board:
• 2013: Fellow of the Wolfson Research Institute for Health and Wellbeing:
• 2013: Member of the Society of Legal Scholars:
• 2012: Journal of Medical Law and Ethics Editorial Board:

Selected Publications

Authored book

• 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). REISSUED 2018: The Mother of All Crimes: Human rights, criminalisation and the child born alive. Routledge.

Book review

• Cave, Emma (2018). Children, Autonomy and the Courts: Beyond the Right to be Heard by Aoife Daly (review). Human Rights Quarterly 40(4): 1041-1045.

Chapter in book

• Berg, Jessica & Cave, Emma (2020). Patient autonomy, capacity and consent (children). In Oxford Handbook on Comparative Health Law. Hervey, Tamara & Orentlicher, David Oxford University Press.
• Cave, Emma & Doughty, Julie (2017). F v F [2013] 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).

Journal Article

• Brierley, Joe, Archard, Dave & Cave, Emma (2021). Challenging misconceptions about clinical ethics support during COVID-19 and beyond: Role, remit and representation. Journal of Medical Ethics
• Cave, Emma (2020). COVID-19 super-spreaders: definitional quandaries and implications. Asian Bioethics Review 12(2): 235–242.
• Tomkins, Christine, Purshouse, Craig, Heywood, Rob, Miola, Jose, Cave, Emma & Devaney, Sarah (2020). Head to Head: Should doctors tackling covid-19 be immune from negligence liability claims?. British Medical Journal
• Devaney, Sarah, Miola, Jose, Cave, Emma, Purshouse, Craig & Heywood, Rob (2020). Healthcare professional standards in pandemic conditions: The duty to obtain consent to treatment. Journal of Bioethical Inquiry 17(4): 789-792.
• Cave, Emma & Milo, Caterina (2020). Informing Patients: The Bolam Legacy. Medical Law International 20(2): 103-130.
• Cave, Emma, Archard, David & Brierley, Joe (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.
• Cave Emma (2020). Selecting Treatment Options and Choosing Between them: Delineating Patient and Professional Autonomy in Shared Decision-Making. Health Care Analysis 28: 4-24.
• Cave, Emma & Purshouse, Craig (2020). Think of the Children: Liability for Non-disclosure of Information Post-Montgomery. Medical Law Review 28(2): 270-292.
• Cave, Emma (2020). Valid consent to medical treatment. Journal of Medical Ethics
• Cave, Emma & Reinach, Nina (2019). Patient rights to participate in treatment decisions: Choice, consultation and knowledge. Journal of Medical Law and Ethics 7(2): 157-176.
• 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.
• Cave, Emma (2018). EU Clinical Trials Regulation 2014: Fetter or facilitator?. Medical Law International 18(2-3): 179-194.
• Cave, Emma & Nottingham, Emma (2018). Who Knows Best (Interests)? The Case of Charlie Gard. Medical Law Review 26(3): 500-513.
• 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 (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)

• Brierley, Joe, Archard, David & Cave, Emma (2021). Clinical ethics support: Addressing legal uncertainties. Journal of Medical Ethics Blog.
• Cave, Emma (2020). Why do we need to distinguish ‘valid’ and ‘informed’ consent to medical treatment?. JME Blog.
• 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.

Report

• Cave, Emma, Farsides, Bobbie, Kazarian, Melinee, Kerridge, Ian & Savulescu, Julian (2020). Expert Report to the Infected Blood Inquiry: Medical Ethics. Infected Blood Inquiry.
• Cave, E (2019). Informed Consent in Healthcare Settings. Scottish Parliament.

Show all publications

Supervises

• Miss Rachael Giles
• Mr. Jordan Buck
• Miss Clara McNeill

Selected Grants