José Miola

Professor of Medical Law
LLB (Newcastle), PhD (Manchester)

Telephone: 0116 252 2288

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 a book with Hart Publishing, entitled Medical Ethics and Medical Law: A Symbiotic Relationship. José is Assistant Editor of the Medical Law Review and a member of the Editorial Board of the journal Clinical Ethics and the UK Clinical Ethics Network. 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.  In 2012 he was a visiting fellow at the Ethox Centre, University of Oxford.  His second book, with Nils Hoppe from Hannover University, Germany, is due to be published by Cambridge University Press in 2014.

Research Interests

Medical law and ethics.

Selected Publications

  • J. Miola, “The Impact of the Loss of Deference Towards the Medical Profession” in A. Alghrani, R. Bennett and S. Ost (eds), Bioethics, Medicine and the Criminal Law: The Criminal Law and Bioethical Conflict: Walking The Tightrope (Cambridge, Cambridge University Press, 2013) pp 220-235
  • D. Gurnham and J. Miola, "Reproduction, Rights and the Welfare Interests of Children: The Times They Aren’t A-Changin’" (2012) King's Law Journal 29-50
  • 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
  • Medical Ethics and Medical Law: A Symbiotic Relationship (Oxford, Hart, 2007)
  • J. Miola, “Medical Law and Medical Ethics: Complementary or Corrosive?” (2004) 6 Medical Law International 251-274
  • M. Brazier and J. Miola, “Bye Bye Bolam: A Medical Litigation Revolution?” (2000) 8 Med. L.Rev. 84-115”

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