José Miola

Professor of Medical Law 
Email: jose.miola@le.ac.uk
Telephone: +44(0)116 252 2288

Personal Details

LLB (Newcastle), PhD (Manchester)

José joined the University of Leicester in 1998, while completing his doctorate at the University of Manchester. His research interest is in medical law and ethics, and he has published books with Hart/Bloomsbury and Cambridge University Press. He has also published in a wide range of journals. One of his articles, “Bye Bye Bolam: A Medical Litigation Revolution”, was cited by the High Court of Australia in the case of Rosenberg v. Percival [2001] HCA 18 and included in a collection of internationally influential essays (F. Miller, Rights and Resources (Dartmouth, Ashgate, 2003)).  Another, “Expert Evidence: Difficulties and Solutions”, was cited on several occasions by the Law Commission in their 2011 report into the use of expert evidence.  In 2007 he received a British Academy grant to take up visiting scholar posts at the Universities of Melbourne and Otago. The resulting article ("On the Materiality of Risk: Paper Tigers and Panaceas") was published by the Medical Law Review and cited by the Chief Justice of Singapore in Hii Chii Kok v. Ooi Peng Jin London Lucien and Another [2017] SGCA 38.

He has been a visiting scholar at the following institutions: (2007) University of Melbourne, Australia; (2007) University of Otago, New Zealand; (2012) Ethox Centre, University of Oxford; and (2016) University of Adelaide, Australia.

José is the Commentaries Editor of the Medical Law Review and a member of the Editorial Boards of the journal Clinical Ethics and the UK Clinical Ethics Network. He currently sits on the Wellcome Trust's Society and Ethics interview panel and was a member of the GMC's task and finish group designing ethical guidance on cosmetic surgery and practice for medical professionals.

Research

Medical law and ethics.

Publications

Books

  • S. Smith, J. Coggon, C. Hobson, R. Huxtable, S. McGuinness, J. Miola, M. Neal (Eds), Ethical Judgments: Re-Writing Medical Law (Oxford, Hart, 2017)
  • N. Hoppe and J. Miola, Medical Law and Ethics (Cambridge, Cambridge University Press, 2014) ISBN 9781107612372 305pp
  • J. Miola, Medical Ethics and Medical Law – A Symbiotic Relationship (Oxford, Hart, 2007) ISBN 9781841135083 248pp.

Articles/Book Chapters:

  • R. Heywood and J. Miola, “The Changing Face of Pre-Operative Medical Disclosure: Placing the Patient at the Heart of the Matter” (2017) 133(2) Law Quarterly Review 296-321
  • J. Miola, “Bye Bye Bolitho? The Curious Case of the Medical Innovation Bill” (2015) 15 Medical Law International 124-154
  • C. Foster and J. Miola, “Who’s in Charge? The Relationship Between Medical Law, Medical Ethics and Medical Morality” (2015) 23 (4) Medical Law Review 505-530
  • R. Gilbar and J. Miola, “One Size Fits All? On Patient Autonomy, Medical Decision-Making and the Impact of Culture” (2015) 23(3) Medical Law Review 375-399
  • J. Miola, “Making Decisions About Decision-Making: Conscience, Regulation and Law” (2015) 23(2) Medical Law Review 263-282
  • J. Coggon and J. Miola, "Autonomy, Liberty and Medical Decision Making" (2011) Cambridge Law Journal, 523-47
  • J. Miola, "The Reasonable Woman and the Standard of Care" in E. Rackley and J. Richardson (Eds), Feminist Perspectives on Tort Law (London, Routledge, 2012) 126-44
  • J. Hartshorne and J. Miola, " Expert Evidence: Difficulties and Solutions in Prosecutions for Infant Harm" (2010) 30(2) Legal Studies 279-300
  • J. Miola, “On the Materiality of Risk – Paper Tigers and Panaceas” (2009) 17 Medical Law Review 76-108
  • M. Brazier and J. Miola, “Bye Bye Bolam: A Medical Litigation Revolution?” (2000) 8 Med. L.Rev. 84-115”

Adobe Acrobat (PDF) Full publication list (pdf)

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