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The issue of ethical dilemma has been a common terminology in recent times, where people are faced with the problems of making decisions between two equally convincing issues. Significantly, the issue of making decisions regarding people’s life has been faced by many controversies. For instance, the issue of making decisions regarding abortion in order to safe the life of a mother is faced with ethical dilemma. Despite that the argument that consent termination of life is ethical, this can not be carried out at the expense of human life. This paper will discuss the elements of informed consent and more specifically the case of Mrs. Sparza’s consent. In addition the rights of Mrs. Sparza regarding end of life as well as the legality of the process (Byrne, 154-210).
It should be wisely noted that, consent in decision making is at times justified while at other instances it’s deeply criticized. At times the idea is usually misapplied especially in the cases of fictitious and proxy consents. It is argued that, if the individual can consent; then the decision is ethical. This is not usually they case because many are the times people make decisions without consent in order to prevent suffering of the victim. Much evident is the case of abortions where the infants are killed without their consent; thus raising ethical questions (Byrne, 154-210).
Informed consent entails various elements which are highlighted as below. Firstly, there should be a sufficient description of the foreseeable threats or dangers to the subject. At this point all the risks and dangers whether physical, social, psychological or financial should be clearly stated. This will help in ensuring that the subject is well informed about the procedures to be under taken thus make an informed decision. Further, there should be a sufficient description of all the benefits of the procedure to the subject. This should include; direct personal benefits, societal benefits alongside other benefits revealed by the sponsor or the investigator (Beauchamp, 123-156).
Another key element in informed medical consent is the disclosure of all potential and viable alternatives forms of treatment. Disclosure of such alternative procedures will help in making rational decisions thus helping the subject in making informed decisions. It should be noted that, all information and descriptions should be clearly and frankly explained to avoid misleading in decision making. Another important element in informed consent is the aspect of voluntary participation. With this information, the subject will be well versed with the terms and conditions of participation. This involves benefits and penalties which may occur due to failure of the victim to comply with the participation (Byrne, 154-210).
From another perspective, other basic elements of informed consent include; a description on the explanation of the procedures. This entails the time to be taken in the procedures as well as the purposes of carrying out research. In addition, there should be a description of additional costs which may not have been earlier stated. Further, an informed consent involves an elaborate explanation of the consequences of the decision by the subject to decline his/her participation in the operation (Beauchamp, 123-156).
In the case of Mrs. Sparza, there is a big controversy regarding the her consent about the medical procedure to be carried upon her. From the description about her case and analysis of the whole phenomenon it is evident that her consent was not adequately informed. Despite that she has delegated all powers of attorney to her son; this doesn’t justify any decision made by her son regarding her health. For any consent in decision making to be ethical, the all the subjects or victims should be well informed which is not the case with Mrs. Sparza is. Firstly, by the time she signs the documents concerning the surgery she is not adequately enlighten about the benefits, consequences or any potential unforeseeable thereat. This ignorance makes her consent null and unethical (Byrne, 154-210).
Generally, most of the elements of an informed consent are not considered thus making are consent unjustified. Her illiteracy is a key barrier to information on the effects or any issues affecting the medical procedures. Despite that his son his literate, he absurdly acts in favor of her interests not his consent. From another perspective, Mrs. Sparza is not well informed about the impacts of her decline in participating in the procedure thus why she is fast to objecting in signing the documents. In addition, the fact that she went into coma was not a genuine or justified basis for carrying out the procedure. The son and daughter didn’t establish a research fro the problems and also the nature of the situation rather concluded by instructing for a life termination (Beauchamp, 123-156).
Mrs. Sparza has had a right of life despite the measures and decisions made by her family and personal nurse. From the opinion of Dr. Lox who is a famous world cardiac surgeon, Mrs. Sparza had a chance of life despite her health situation. Dr. Lox was very optimistic about her recovery and that’s why he declined instructing the nurses to take her life. In relation to this situation, the decision of any medical operation should be conducted widely depending on doctor’s opinions since they are experts in that filed (Byrne, 154-210).
Based on Mrs. Sparza’s opinions and that of her family the act of injecting morphine to terminate her life was very legal. This is because she had deliberated all powers of attorney regarding her life to her son as well as the nurses by signing the consent documents. Nevertheless, the act is to some extent illegal since the life of the victim was not in much danger as depicted by the doctor. This is to say that Mrs. Sparza had another chance of life despite her nurse’s action (Beauchamp, 123-156).
Based on the discussion, it is revealed that consent is to some extent justified but strongly criticized at some points. In order to have an adequately informed consent, the subject should be sufficiently informed so as to ensure he/she makes the best decision.
Works cited
Byrne, John. “Informed Consent”. New York: McGraw-Hill Companies. (1997): 154-210.
Beauchamp, Tom. & Walters, LeRoy. Contemporary Issues in Bioethics. New York: Wadsworth Publishing Press. (2006): 123-156.
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