Professor Jose Miola

My research interest is in medical law and ethics, and I have published books with Hart/Bloomsbury and Cambridge University Press. I have also published in a wide range of journals. One of my 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 I 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.  My work on informed consent has also been cited by the Scottish Parliament.

I have 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; (2016) University of Adelaide, Australia and (2023) University of Queensland, Australia. 

I am currently the Co Editor-in-Chief of the Medical Law Review, Europe’s leading medical law journal. I sat 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.

I joined the University of Leicester in 2023, having previously been a Professor of Law at the University of Leeds.

My research interests lie in the field of medical law and ethics, and I have published widely in the area, particularly on consent to treatment and information disclosure, medical negligence and the relationship between medical law and medical ethics. More recently, my research has considered access to innovative and experimental medical treatments, including ‘right to try’ legislation in the US, and questions of blame and fault in relation to AI entities involved in healthcare.

Selected 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

• J. Miola, ‘Postscript to the Medical Innovation Bill – Clearing Up Loose Ends’ (2019) 11(1) Law, Innovation and Technology 17-33
• J. Miola, ‘Duties of Shared Membership in Research Ethics’ in D. Kirchhoffer and B. Richards (eds), Beyond Consent: Limits and Alternatives to Respect for Autonomy in Human Research Ethics and Law Cambridge University Press, 2019) 153-67 (forthcoming)
• S. Devaney, C. Purshouse, E. Cave, R. Heywood, J. Miola and N. Reinach, "The Far-Reaching Implications of Montgomery for Risk Disclosure in Practice" (2019) (24) 1 Journal of Patient Safety and Risk Management 25-9
• 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
  

• Medical Law and Ethics

• Medical Law
• Tort

Medical law and ethics