Consent for Treatment and a Tax-Free Health Care Organization Research Paper

Consent for Treatment and a Tax-Free Health Care Organization - Research Paper Example There are three critical requirements to valid consent: the patient must possess the capacity to consent (mentally competent); consent obtained ought to be voluntary; and, the patient ought to have obtained adequate information to arrive at a decision regarding their treatment. The health practitioner can be reprimanded for failing to obtain a valid consent, which amounts to claims of clinical negligence. In theory, in instances in which harm has befallen the patient and the consent was obtained improperly, this could give rise to claims of assault or battery, and, in extreme cases, criminal charges. Overall, minors are not legally competent (not mentally competent) to consent to medical treatment. It is the practice for doctors, plus other medical professionals to obtain consent from parents or guardians for carrying out medical and surgical procedures. However, when the minor needs urgent medical attention and the parents cannot be reached (such as in a true emergency), then the doctor may begin treating the child devoid of a parental consent (American Academy of Pediatrics, 2003). The scenario presented is life threatening and the doctor can legally treat the minor devoid of parental or legal guardian has given consent. The minor can give informed consent devoid of parental intervention and thus the operation remains allowable. Cases in which minor’s consent is adequate for confidential care are infrequent since it applies only to emergency medical services, where parent’s consent is not readily available. The prospective impact of U.S. health care reform legislation on hospitals can be viewed from four critical areas: changes in funding and reimbursement; changes within clinical operations; transparency requirements; and, additional oversight measures (Rosenbaum, 2011). Under the tax-exempt status, hospitals must undertake a