Health Law and Ethics Group

Nottingham Law School has a longstanding reputation for teaching and research in the field of health law and ethics. In terms of teaching it runs a popular undergraduate medical law module and has run a successful LLM in Health Law and Ethics since 2001. The School’s Health Law and Ethics Research Group has a long and successful track record of publication, conference hosting, running and participating in research projects and supervising research degrees.

The Group is led by Dr Austen Garwood-Gowers whose main areas of interest are medical use of the human body (especially organ transplantation but also medical research and bio-banking) and health related dignity and rights issues. The group also includes Kay Wheat whose main areas of interest include capacity, treatment of the mentally incapable and mental health issues (including issues related to the employment context); and John Tingle who specialises in the legal aspects of risk management, clinical governance and patient safety and is also expert in nursing law.

As a group we collaborate closely with health law academics from across universities in the Midlands on health law and ethics issues via the Midlands Health Law and Ethics Consortium, which we are one of the founder members of. The Consortium is currently running an AHRC funded seminar series entitled The Influence of Faith and Belief on the Formulation, Content and Operation of Health Law in the United Kingdom. In April 2013, NTU ran the third seminar in the series, which focused on core issues including healthcare access, healthcare quality and consent and capacity. Remaining seminars will be run at the University of Birmingham (September 2013) and De Montfort University, Leicester in December 2013). For more information email Austen Garwood-Gowers.

Austen Garwood-Gowers leads the medical use of the human body group for the European Association of Health Law with Solvita Olsena. He has close links with Dale Gardiner, Midlands Clinical Lead for Organ Donation, and a considerable number of other professionals in the organ transplant field. In April 2012 Austen, Dale and others ran a conference entitled Dignity in Donation. The Conference was run at NTU's excellent Nottingham Conference Centre with the support of Nottingham University Hospitals NHS Trust and NHS Blood and Transplant. It attracted speakers from across Europe who presented papers on themes related to:

• the nature, ethical case for and legal protection of dignity
• living donation
• commodification
• the definition of death and intervention prior to and after death.

The conference was attended by around 70 delegates and was very well received.

• Dr Austen Garwood-Gowers
• Kay Wheat
• John Tingle

Austen Garwood-Gowers

Books

1. Respect: A basis for constraining medical use of the human being, Ashgate (forthcoming)
2. Living Donor Organ Transplantation: Key Legal and Ethical Issues, Ashgate, 1999.

Edited collections

1. Contemporary Issues in Healthcare Law and Ethics, Reed Elsevier, 2005, eds. Garwood-Gowers, A, Wheat, K, Tingle, J.
2. Healthcare Law: The impact of the Human Rights Act 1998, Cavendish, 2001 eds. Garwood-Gowers, A, Tingle, J and Lewis, T.

Key Peer Reviewed Journal Articles

1. Time to address the problem of post-mortem procurement of organs for transplantation occurring without proper pre-mortem consent, European Journal of Health Law, 2013, 20(4) (forthcoming).
2. Garwood-Gowers, A, International Means for Protecting Human Beings as Ends in Medicine, in Journal on Law and Medicine, 2011, 1, 133-146
3. Vindicating the right to bodily security of the incapable in research, Journal of Mental Health Law, 2006, May, 7-25
4. Contemporary issues in the regulation of artificial reproduction and embryology in the UK, Law and the Human Genome Review 2004, 21, 67-101.
5. Improving Protection Against Indirect Interference With the Use and Enjoyment of Home: Challenging the Legacy of Hunter v Canary Wharf Using the European Convention on Human Rights and Human Rights Act 1998, Nottingham Law Journal, 2002, 11(1), 1-19.
6. David Price and Austen Garwood-Gowers, The Texture and Content of Living Donor Transplant Laws and Policies, Transplantation Proceedings, 1996, 28(1), 378-379).
7. David Price and Austen Garwood-Gowers, Transplantation From Minors: Are Children Other People’s Medicine? Contemporary Issues in Law, 1995, 1(1), 1-27.

Chapters in Edited Books

1. Respect for the Individual: A Human Right in Post-Mortem Use of the Human Body for Transplantation (with Olsena, S), in Organ Transplantation: Ethical, Legal and Psychosocial Aspects, Vol. II Pabst, 2011, 146-154, eds. W. Weimar, M. A. Bos, J. J. Busschbach.
2. Respect as a Precondition for the Use of Tissue in Research, in Human Tissue Research: A Discussion of the Ethical and Legal Challenges from a European Perspective, OUP, 2011, 95-116, eds. Lenk, C, Hoppe, N, Beier, K and Wiesemann, C.
3. The right to bodily security vis-à-vis the needs of others, Autonomy and Human Rights in Healthcare, Kluwer Academic Publishers (eds. Diaz-Pintos, G and Weisstub, D, 2008).
4. The Limits to Medical Intervention that harms the therapeutic interests of incompetents, Chapter 10 in Contemporary Issues in Healthcare Law and Ethics, Reed Elsevier, 2005 eds. Garwood-Gowers, A, Wheat, K, Tingle, J.
5. With Kay Wheat, Aspectos basicos de la capacidad y la responsabilidad de menores en el derecho civil y criminal ingles 171-206 (Key aspects of capacity and responsibility of juveniles under English civil and criminal law) in Los Menores Ante El Derecho: Responsibilidad, capacidad y autonomia de los menores de edad. Estudio de Derecho Comparado, Universidad Complutense Madrid, 2005 eds I.Ruiz-Gallardon and A.G de Pablos.
6. With John Tingle, The Human Rights Act: A Potent Tool For Changing Healthcare Practice with Tingle, J in Healthcare Law: The Impact of the Human Rights Act 1998, Cavendish, 2001, eds. Garwood-Gowers, A, Tingle, J and Lewis, T.
7. Time for Competent Minors to Have The Same Legal Right to Self-determination As Competent Adults with Regard to Medical Intervention, in Healthcare Law: The Impact of the Human Rights Act 1998, Cavendish, 2001 eds. Garwood-Gowers, A, Tingle, J and Lewis, T.
8. Removal and Use of Body Materials for Transplantation and Research Purposes: The Impact of the Human Rights Act 1998, in Healthcare Law: The Impact of the Human Rights Act 1998, Cavendish, 2001 eds. Garwood-Gowers, A, Tingle, J and Lewis, T.
9. To Pay or Not to Pay That is the Question: The Economic Rights of the Living Donor. In D.Price and H.Akveld (eds.) Living Organ Donation in the Nineties: European Medico-Legal Perspectives, EUROTOLD, 1996: 166-173

Kay Wheat

Book Chapter

The law relating to mental capacity and mental health in The Oxford Textbook of Old Age Psychiatry (forthcoming)

Key Peer Reviewed Journal Articles

Mental Health and Stigma – How best to protect workers from discrimination? (forthcoming)Windsor Review of Legal and Social Issues Volume 34

John Tingle

Books

1. Law and Nursing, 3rd Edition with Jean McHale, 2007, Butterworth Heinemann, Oxford.
2. Nursing Law and Ethics, 3rd Edition with Alan Cribb, Blackwell Publishing, Oxford, 2007.

Edited Collections
1. Garwood-Gowers, A, Tingle, J and Lewis, T, Healthcare Law: The Impact of the Human Rights Act 1998, Co-Editor with Austen Garwood-Gowers and Tom Lewis, Cavendish Publishing, London, 2001.
2. Tingle, J and Foster, C, Clinical Guidelines: Law, Policy and Practice, Cavendish Publishing, London, 2002.
3. Tingle, J, Foster, C and Wheat, K, Regulating Healthcare Quality: Legal and Professional Issues, Butterworth Heinemann, 2004
4. Garwood-Gowers, A, Wheat, K and Tingle, J, Contemporary Issues in Healthcare Law and Ethics, Elsevier, 2005.
5. Tingle, J and Bark, P, Patient Safety, Law Policy and Practice, Routledge Cavendish, London,2011

Key Peer reviewed articles

Samanta, A, Mello, M, Foster, C, Tingle, J and Samanta, J, The Role of Clinical Guidelines in Medical Litigation: A Shift from the Bolam Standard, with Medical Law Review, 2006, 14(3), 321-366.

Key chapters in edited collections

1. Patient Safety Policy and the Law in Tingle, J and Bark, P (eds.), Patient Safety Law, Policy and Practice, Routledge, 2011.
2. Chapter, Law and Nurse with Jean McHale, Care in McSherry et al., Nursing, Values and Skills, OUP 2012.
3. The Policy Dimension: Moving Beyond the Rhetoric towards a safer NHS, ch 5 in Tingle, J and Cribb, A, Nursing Law and Ethics, 2013, 4th edition (forthcoming).

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Nottingham Law School publishes the Nottingham Law Journal. The journal was founded in 1977 (as the Trent Law Journal), changing to its current title in 1992. It is peer-reviewed and normally published annually.

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