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Jose Miola [16]J. Miola [5]
  1.  7
    Adding Dynamic Consent to a Longitudinal Cohort Study: A Qualitative Study of EXCEED Participant Perspectives.Susan E. Wallace & José Miola - 2021 - BMC Medical Ethics 22 (1):1-10.
    Background Dynamic consent has been proposed as a process through which participants and patients can gain more control over how their data and samples, donated for biomedical research, are used, resulting in greater trust in researchers. It is also a way to respond to evolving data protection frameworks and new legislation. Others argue that the broad consent currently used in biobank research is ethically robust. Little empirical research with cohort study participants has been published. This research investigated the participants’ opinions (...)
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  2.  3
    Medical Ethics and Medical Law: A Symbiotic Relationship.José Miola - 2007 - Hart.
    Introduction -- Historical perspectives of medical ethics -- The medical ethics Renaissance: a brief assessment -- Risk disclosure/'informed consent' -- Consent, control and minors: Gillick and beyond -- Sterilisation/best interests: legislation intervenes -- The end of life: total abrogation -- Medical ethics in government-commissioned reports -- Conclusion.
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  3.  27
    One Step Forward, Two Steps Back? The GMC, the Common Law and 'Informed' Consent.S. Fovargue & J. Miola - 2010 - Journal of Medical Ethics 36 (8):494-497.
    Until 2008, if doctors followed the General Medical Council's (GMC's) guidance on providing information prior to obtaining a patient's consent to treatment, they would be going beyond what was technically required by the law. It was hoped that the common law would catch up with this guidance and encourage respect for patients' autonomy by facilitating informed decision-making. Regrettably, this has not occurred. For once, the law's inability to keep up with changing medical practice and standards is not the problem. The (...)
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  4.  32
    Mix-Ups, Mistake and Moral Judgement: Recent Developments in U.K. Law on Assisted Conception. [REVIEW]José Miola - 2004 - Feminist Legal Studies 12 (1):67-77.
    Hard cases make bad law. In a matter of months, two such cases involving assisted reproduction have appeared before the U.K. High Court and legislation has been enacted. The common threads between them are consent and fatherhood. The first case concerns a ‘mistake’ resulting in sperm from the wrong man being used to create an embryo for a couple and the second the revocation of consent by a man to his former partner being allowed to use an embryo they created (...)
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  5.  5
    How Much Information is 'Enough'?Sara Fovargue & José Miola - 2010 - Clinical Ethics 5 (1):13-15.
  6.  27
    Owning Information - Anonymity, Confidentiality and Human Rights.J. Miola - 2008 - Clinical Ethics 3 (3):116-120.
    As the General Medical Council (GMC) is currently in the process of reviewing its ethical guidance on confidentiality, it is a prescient time to consider the legal and ethical issues inherent in it. This paper examines the question of anonymized data, and highlights the fact that the legal position regarding whether it should be classed as confidential is unclear, with the possibility of a change in the law being very real. Indeed, the article argues that the notion that anonymized data (...)
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  7.  29
    The Relationship Between Medical Law and Ethics.J. Miola - 2006 - Clinical Ethics 1 (1):22-25.
    This article seeks to identify a 'problem' in the interaction between medical law and ethics, which is that neither fully appreciates how the other works. In particular, it argues that medical law has not only failed to formulate a consistent conception of the role that medical ethics performs, but it does not adequately differentiate between categories of medical ethics discourse. Consequently, the ethical content of a case, if identified at all, will not be dealt with in a consistent manner. The (...)
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  8.  1
    The Best Interests Principle and Providing Treatment for Adults Without Capacity in England and Wales.Sara Fovargue & José Miola - 2010 - Clinical Ethics 5 (4):180-183.
  9.  3
    Healthcare Professional Standards in Pandemic Conditions: The Duty to Obtain Consent to Treatment.Sarah Devaney, Jose Miola, Emma Cave, Craig Purshouse & Rob Heywood - 2020 - Journal of Bioethical Inquiry 17 (4):789-792.
    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-making processes are yet to be resolved. COVID-19 has now stepped into this arena of uncertainty, adding more complexity. U.K. public health responses to the pandemic raise important questions about professional standards regarding how the obtaining and recording of consent might change or be maintained (...)
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  10.  8
    Fears and Fallacies: Doctors’ Perceptions of the Barriers to Medical Innovation.Tracey Elliott, Jose Miola, Ash Samanta & Jo Samanta - 2019 - Clinical Ethics 14 (4):155-164.
    In 2014, Lord Saatchi launched his ultimately unsuccessful Medical Innovation Bill in the UK. Its laudable aim was to free doctors from the shackles that prevented them from providing responsible innovative treatment. Lord Saatchi’s principal contention was that current law was the unsurmountable barrier that prevented clinicians from delivering innovative treatments to cancer patients when conventional options had failed. This was because doctors feared that they might be sued or tried and convicted of gross negligence manslaughter if they deviated from (...)
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  11.  8
    Assessing and Detaining Those Who Are Mentally Disordered Under the Mental Health Act 1983 and Mental Capacity Act 2005: Part 1. [REVIEW]Sara Fovargue & José Miola - 2011 - Clinical Ethics 6 (1):11-14.
  12.  64
    Key Changes in the Regulation of Assisted Reproduction Introduced by the Human Fertilisation and Embryology Act 2008.Sara Fovargue & José Miola - 2011 - Clinical Ethics 6 (4):162-166.
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  13.  14
    Research and Adults Without Capacity.Sara Fovargue & José Miola - 2010 - Clinical Ethics 5 (2):63-66.
  14. Shifting the Focus.Sara Fovargue & José Miola - 2010 - Clinical Ethics 5 (1):1-2.
  15.  18
    The European Union Directive on Organ Donation and Transplantation.Sara Fovargue & José Miola - 2011 - Clinical Ethics 6 (3):117-121.
  16.  15
    The Legal Status of the Fetus.S. Fovargue & J. Miola - 2010 - Clinical Ethics 5 (3):122-124.
  17.  4
    Treating Those Who Are Mentally Disordered Under the Mental Health Act 1983: Part 2.Sara Fovargue & José Miola - 2011 - Clinical Ethics 6 (2):64-67.
  18.  39
    The Need for Informed Consent: Lessons From the Ancient Greeks.José Miola - 2006 - Cambridge Quarterly of Healthcare Ethics 15 (2):152-160.
    Some time ago, Ian Kennedy asked whether consent wasthe great bulwark of “patient's rights”? Is it a necessary nuisance granted as a concession to modish thinking? Is it simply a figment of some lawyer's imagination which practitioners know is meaningless in practice? Is it just part of the rhetoric of “patient power”, sent to try doctors' patience and challenge their authority?
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  19.  10
    Voluntary Euthanasia and the Common Law: M Otlowski. Oxford University Press, 2000, Pound25, Pp 564. ISBN 0-19-829868-. [REVIEW]J. Miola - 2002 - Journal of Medical Ethics 28 (4):277-278.
  20.  23
    Why I Wrote ... Medical Ethics and Medical Law - A Symbiotic Relationship.José Miola - 2011 - Clinical Ethics 6 (1):52-54.
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