Discussion: Consent for “Non-Competent” Parties


The Law of Healthcare Administration

Book Jacket


Showalter, J. Stuart

Publication Information:

Ed.: Eighth edition. Chicago, Illinois : Health Administration Press. 2017

Resource Type:



The Law of Healthcare Administration offers a thorough examination of health law in the United States from a management perspective. Using plain language accessible to nonlawyers, the book moves from broadbrush treatments of the US legal system and the history of medicine to specific issues that affect healthcare leaders daily, including contracts, torts, taxation, antitrust laws, regulatory compliance, and, most pressing, health insurance reform and the important changes that have taken place since the Affordable Care Act (ACA) became law in 2010. The legal concepts discussed in the book are amply supported by reallife examples, detailed explanations, and excerpts from decisions of federal and state courts.


Medical laws and legislation–United States
Medical care–Law and legislation–United States
Hospitals–Law and legislation–United States

we reviewed informed consent in the case of competent adults. There are many “gray” areas of consent in cases of children or incompetent adults; however, the law has sought to provide clear guidance for health care providers and legal guardians.

  • Review pages 393-411 in the Showalter textbook and      choose at least one of the subtopics in this section regarding consent.      Provide an explanation of the “gray area” of your choosing, including any      relevant legal cases discussed, and how this is handled under the law.

Showalter, J. S. (2017) Consent. In The Law of Healthcare Administration (pp. 393-411). Chicago, IL: Health Administration Press. Retrieved from the Trident Online Library.


rrent User Level:Unlimited User Hide Table of ContentsTable of Contents Brief Contents

·  Detailed Contents

·  Preface

·  Chapter 1 The Anglo-American Legal System

·  Chapter 2 A Brief History of Medicine

·  Chapter 3 Health Reform, Access to Care, and Admission and Discharge

·  Chapter 4 Contracts and Intentional Torts

·  Chapter 5 Negligence

·  Chapter 6 The Organization and Management of a Corporate Healthcare Institution

·  Chapter 7 Liability of the Healthcare Institution

·  Chapter 8 Medical Staff Privileges and Peer Review

·  Chapter 9 Health Information Management

·  Chapter 10 Emergency Care

·  Chapter 11 Consent for Treatment and Withholding Consent

·  Chapter 12 Taxation of Healthcare Institutions

·  Chapter 13 Competition and Antitrust Law

·  Chapter 14 Issues of Reproduction and Birth

·  Chapter 15 Fraud Laws and Corporate Compliance

·  Glossary

·  Case Index

·  Index

·  About the Author