People

Dr Tracey Elliott

Lecturer in Health Care Law

School/Department: Leicester Law School

Telephone: +44 (0)116 229 7304

Email: te41@leicester.ac.uk

Profile

I have a longstanding research interest in relation to the care and treatment of the incapacitated and the use of law to safeguard vulnerable adults. I am currently conducting research into Lasting Powers of Attorney and the use of the inherent jurisdiction to safeguard vulnerable adults and in relation to the criminal law relating to consent as a defence to bodily injury. My research is grounded in an interdisciplinary 'law in context' approach. I was awarded £5,000 Tiger Team funding during 2021/22 to develop a research relationship with the Office of the Public Guardian.

I was formerly a practising barrister, I retain good links with the legal profession and am an Academic Consultant at 1 Crown Office Row and a door tenant at Foundry Chambers. 

Research

Awarded £5000 Tiger Team funding in 2020—2021 to work with the Office of the Public Guardian to develop research projects in relation to Lasting Powers of Attorney. This project is ongoing.

I was a Wellcome Trust grantholder and key collaborator with Jose Miola, Ash Samanta and Jo Samanta upon the project: 'Real and Perceived Barriers to Innovative Medical Practice'. Sum awarded: £35,738 during January—November 2017.

I participated in an AHRC Research Networking Award obtained in 2012 by a Midlands medical law consortium on the topic of 'The Influence of Faith and Belief on Health Law.'

Publications

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  • 'Healthcare Fraud and Abuse', in D. Orentlicher and T. Hervey (eds) The Oxford Handbook of Comparative Health Law (2020 online, 2021 in print) https://doi.org/10.1093/oxfordhb/9780190846756.013.7.
  • (with J.H. Krause) "Introduction to Fraud and Abuse Law", in D. Orentlicher and T. Hervey (eds) The Oxford Handbook of Comparative Health Law (2021) Chapter 19.
  • (with S.R. Kyd and M.A. Walters), Clarkson & Keating Criminal Law, 10th edition (2020)
  • (with J. Miola, A. Samanta and J. Samanta), "Fears and Fallacies: Doctors" Perceptions of the Barriers to Medical Innovation" (2019) 14(4) Clinical Ethics 155, https://doi.org/10.1177/1477750919886090.
  • 'Must the family be told? Genetic information and liability for non-disclosure to relatives' (2017) 33(4) Professional Negligence 273.
  • 'A break with the past? Or more of the same? Montgomery v Lanarkshire Health Board [2015] UKSC 11' (2015) 31(3) Professional Negligence 190.
  • 'Religious Belief and Choices Regarding the Human Corpse' (2014) 2 Journal of Medical Law & Ethics 89.
  • 'Pursued by the "fat police"? The obesity "epidemic" and the criminal law', chapter in: A.M. Viens, J. Coggon and A. Kessel (eds.), Criminal Law, Philosophy and Public Health Practice, (CUP, 2013).
  • 'Preventive Screening: Providing Peace of Mind, or Looking for Trouble?' (2011) 3.2 Amsterdam Law Forum 213.
  • 'Body Dysmorphic Disorder, Surgery and the Limits of Consent' (2009) 17 Medical Law Review 149. 
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Supervision

Medical Law topics, particularly relating to consent, capacity, confidentiality, clinical negligence and organ transplantation.
Mental health law topics (both civil and criminal)
Criminal law topics, particularly relating to consent, defences and property offences.

Teaching

Undergraduate (LLB)

  • Medical Law
  • Mental Health Law
  • Law of Evidence
  • Criminal Law

Postgraduate (LLM)

  • Mental Health Law
  • Autonomy
  • Capacity and Consent

Press and media

  • Mental Capacity Act 2005 and the law relating to incapacitated adults
  • Mental Health Law
  • Medical Law, particularly organ transplantation, confidentiality, consent and clinical negligence
  • Criminal law, particularly the law relating to defences and property offences

Activities

  • Fellow of the Higher Education Authority (FHEA)
  • Member of the Society of Legal Scholars
  • Academic Consultant 1 Crown Office Row
  • Founding Fellow and Member of the Academic Advisory Board of the Academy of Forensic Medical Sciences
  • Member of editorial board  for the journals Medicine, Science and the Law
  • Chairperson, Devon and Exeter Medico-Legal Association (DEMLA)

Awards

My article, 'Body Dysmorphic Disorder, Surgery and the Limits of Consent' (2009) 17 Medical Law Review 149, is frequently cited by those writing on the topic of body modification and was included in a collection of leading articles in the field (A. M. Viens, The Right to Bodily Integrity (Farnham: Ashgate, 2014).

I sat upon a meeting of the GMC's Cosmetic Practice Task and Finish Group (12th March 2015).

In January2016 I gave a lecture, 'Consent, culture and the family: a case of due influence?' at a Royal Society of Medicine (RSM) conference on medico-legal issues in general practice and primary care, which was published on the RSM website as their 'Lecture of the Month'.

In 2019 I was a Visiting Scholar at the University of Otago and at the Hastings Center, New York.

Conferences

  • "Vulnerable adults and the inherent jurisdiction: A 'safeguard' too far?", paper, SLS Conference, University if Durham (September 2021).
  • "Lessons from history of abuse and human rights in medical contexts/Analysis and remedies", presentation, King's College, London (June 2019).
  • "ABC v. St. George's Healthcare NHS Trust [2017] EWCA Civ 336", Presentation, Genomics, London (June 2019).
  • "What is the basis for holding children responsible? To what extent should children's responsibility vary across different domains, eg criminal justice and medicine?", presentation, workshop, Oxford University (March 2019).
  • "Eating the flesh with its life? Jehovah's Witnesses and the law and ethics of "bloodless' transplants", Paper, University of Ottawa Law School (September 2017).
  • "'Mine' or 'Ours'? Genetic information, the family and the duties of health care professionals", Paper, SLS Conference, University of Dublin (September 2017).
  • Appeared on BBC Radio Leicester September 2017, speaking on Organ Donation.
  • "Law and the whole truth", Invited speaker, Glasgow University workshop, "Genetic information, disclosure and telling the truth post Montgomery" (August 2017).

Qualifications

Barrister (non-practising)
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