One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. tit 13, 707(b)(5) (West 2017). References CMN4100. She is the only hope for Kate to get better. Jodi Picoult's My Sister's Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. In the end, when Sarah died, Kaye seemed like having had her mother in the hospice was the best way to have conducted their affairs. My Sister's Keeper . Another novel One Amazing Thing (2010) like the Chaucers The Canterbury Tales each character of the group tell story about their lives when they were stranded in the building due to earthquake. Kaye had gotten to the point where she couldnt cope physically. If the nature of the treatment is also considered in these circumstances, then a fact-finder could potentially decide a minor lacks maturity based on the course of treatment he or she wishes to elect. LIVING IN THE MOMENT & HOPE. Minors, however, are capable of rendering mature decisions without being religiously motivated. A minor can prove that refusal is in his or her best interest by giving evidence of the terminality and incurability of the diagnosed illness, which must cause him or her great suffering. My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. She leaned over, her hand on the light switch. She eventually won the case and didn't have to give Kate the kidney. She wanted to find her sister because thats the only family she has. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. My Sister's Keeper Multiple Choice Test Questions. 60 terms. In this film, the writer concludes that there are some of moral values such as honesty, bravery, love and affection, fair or justice and loyalty. In the movie Kate says to Anna that is okay if she doesn't want to donate her kidney because Kate didn't want to live anymore, she wanted to die. This essay will focus on three events in Annas life, and discuss how each event in the characters life had an affect on her physical, psychosocial and cognitive development. Legal Med. 23 terms. The book tells the story of Anna Fitzgerald, a 13 years old girl that was genetically selected to be a savior sibling to save her older sister's life. 741, 754 (1977). Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. By limiting the euthanasia laws to minors whose ailments are incurable, who are terminally ill, and who are in a state of unbearable physical suffering, Dutch and Belgian legislatures implicate a standard of the minors best interests. Asked by Shakya H #926861. 111. "My Sister's Keeper" is an immediate audience-grabber, as we learn that an 11-year-old girl was genetically designed as a source of spare parts for her dying 16-year-old sister. Latest answer posted October 24, 2019 at 3:11:22 PM. Although the age of a minor does not necessarily speak to capacity, in order to make the right to refuse lifesaving medical treatment more agreeable to American jurisprudence, the right should only be available to minors who are not close to the age of majority unless the minor meets additional criteria that help demonstrate capacity to give informed consent. Sara watches them flirt and feels happy that her daughter likes a boy. Casey, 505 U.S. at 857. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. Eur. Really, there are no happy endings when a child has cancer in the advanced stages, and My Sister's Keeper doesn't hold back on how awful and debilitating the disease really is. Currently, individuals can select gender, traits to lower the child's risk of disease, or to ensure they are a genetic match for another individual. Id. This approach seems inevitable, as evidenced by the requirements even in liberal jurisdictions that allow for the euthanasia of minors only when the minors illness is terminal, incurable, and causes suffering that cannot be alleviated. My Sister's Keeper (2009) cast and crew credits, including actors, actresses, directors, writers and more. Generally speaking, minors are presumed to be incompetent to consent to their own medical treatment, but some states accept the mature minor doctrine, which allows minors to independently consent to certain medical procedures if certain criteria are met.5 But even in the states where this doctrine is accepted, there is no universal standard that dictates when a minor is mature enough to consent to medical procedures without the involvement of her parents.6 Although My Sisters Keeper is a work of fiction, it presents a compelling narrative of a minor who is desperate to have agency over her body and the medical treatment that her body undergoes. 16. She is at the center of an ethical dilemma as she has to decide what is best for her and her family. . In Cruzan v. Director, Missouri Department of Health,99 the Supreme Court recognized that the informed consent requirement in medical treatment was derived from the right to bodily integrity.100 Quoting Justice Cardozo in a decision he authored during his tenure on New York States highest court, the Court affirmed that a competent adult has a right to determine what shall be done with his own body, and an invasion of ones body without consent constitutes assault.101 Although the issue decided in Cruzan ultimately concerned the constitutionality of the clear and convincing evidence standard that Missouri required to prove that the patient would not have wanted to remain on life support, the Court declared that [i]t cannot be disputed that the Due Process Clause protects an interest in life as well as an interest in refusing lifesaving treatment.102 In his dissenting opinion, Justice Brennan stated that a State has no legitimate general interest in preserving life that could outweigh a persons decision to refuse lifesaving medical treatment,103 and that, in order for the State to have a legitimate interest, it must be established that the patient wishes to be treated.104, Minors rights to bodily integrity have been recognized in certain contexts but are generally less robust than adults rights. After viewing the video, My Sister's Keeper (Johnson & Goldman [Producers], Cassavetes [Director], 2009), students explored the ethics of genetic selection, personal/professional values and the . 1981). Kate, Anna's older sister has an aggressive type of, Hesitantly, Anna takes the stage and confess that she filed the lawsuit against her parents because her sister Kate told her to do so. 35. Reproductive rights have been imperative to the formation of the mature minor doctrine. A former defense attorney finds herself back in court when she and her husband are sued for medical emancipation by their 11-year-old daughter. In the book, My Sisters Keeper, by Jodi Picoult, a family goes through something many people couldn't even imagine, their daughter being seriously sick. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . A minors beliefs and convictions should be at the forefront of the best interests of the child standard, regardless of whether these beliefs are religious or not. 357 (2006). The woman cries: Someone kidnapped my baby! She also gave her a bone marrow. Judi Picoult had successfully published My Sister's Keeper in the year 2004. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. eNotes.com will help you with any book or any question. Ct. 1999). It's a complicated situation that provides for plenty of uneasy family dynamics that often culminate in Sara's voice getting even louder and more shrill as the moments tick by. After the procedure was successful and Anna ( Abigail Breslin) was born, the younger sister has served as the spare parts factory her older sister has needed along the way. 25. Step 2) Discuss and explore central . dominant kinds of moral values found in the film My Sister's Keeper by Nick Cassavetes is Bravery. 117. 136. 37. See Christyne L. Neff, Woman, Womb, and Bodily Integrity, 3 Yale J.L. against her mother, relying on the dire circumstances that lack of medical treatment would create.49 The appellate court reversed the trials courts order to appoint E.G. The novel, My Sisters Keeper, is a story which follows a young girl through her life struggles as she tries to help her sister, enjoy her own life, and fight her mother for a right to her own body. Please explain the quote, "You don't love someone because they're perfect. Even in those jurisdictions that employ the mature minor doctrine, minors have the burden of proving their maturity using standards that are sometimes paradoxical and often circular in logic. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. N.C. Gen. Stat. Massachusetts and Oregon were introduced to the issue of a minor refusing lifesaving treatment in the context of religious freedom in In re Rena53 and In re Connor.54 Massachusetts best interests standard takes into consideration a minors expressed religious preferences as part of its balancing test,55 and, in In re Rena, the Massachusetts Appeals Court found that the lower court had erred in ordering the petitioner to receive the blood transfusions without weighing her religious objections as a component of the mature minor doctrine.56 However, the respondent-minor had turned eighteen by the time this issue reached the appellate court, and it vacated the final order because the issue had become moot,57 thereby declining to hold definitively whether the respondent-minor was a mature minor or whether her constitutional rights had been violated. This, however, does not affect their relationship with each other. Ann. See Shawna Benston, Not of Minor Consequence? Latest answer posted April 26, 2010 at 11:54:50 PM. First, we have the moral issue surrounding Anna's birth. The moral lesson of the Two Brothers is that blood is thicker than water. Given the subject matter, how could it not be? Is it morally correct to do whatever it takes to save a child's life, even if that means infringing upon the rights of another? 42. Limiting the circumstances under which a minor may refuse such treatment in this way may prove acceptable under American law and, if accepted, would open the door to establish a robust right for any person to refuse lifesaving treatment. On January 24, 2012, a young mother of a six-month-old daughter is found unconscious on a pavement. at 313 (Brennan, J., dissenting). Under Tennessee law, in order for a minor-patient to give valid consent to a medical procedure, he or she must demonstrate the capacity to consent to and appreciate the nature, the risks, and the consequences of the medical treatment involved.39 In the leading case addressing this issue, parents on behalf of their minor child sued an osteopath who had treated for subluxation of the spine and bilateral sacroiliac slip.40 The minor-plaintiff sought treatment with the defendant by herself after informing her parents of her intent to see him so that he could treat her back pain.41 The court determined that, under the rule of sevens,42 the minor-plaintiff was presumed to have the capacity to consent to the defendants treatment.43 Additionally, the court stated that a minors capacity to consent is also contingent upon the minors abilities, experiences, education, training, and degree of maturity, as well as upon the minors ability to understand the risks and consequences of treatment.44 The court also elected to consider the totality of the circumstances, as well as the actual nature, risks, and probable consequences of the treatment sought.45. One of the primary concerns that opponents of any child euthanasia law have is that it is merely a legalized version of infanticide.136 To avoid the possibility that the law would be used in this way, the psychologist making the minors determination of capacity should also make an independent determination of voluntariness by observing the interactions between the minor and the consenting parent. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. from St. 19. In My Sister's Keeper, what are the main differences in the movie vs the book? My Sister's Keeper Published by Admin at 19 , 2561 DVD Release Date: November 17, 2009Theatrical Release Date: June 26, 2009Rating: PG-13 (for mature thematic content, some disturbing images, sensuality, language and brief teen drinking)Genre: DramaRun Time: 109 min.Director: Nick CassavetesActors: Cameron Diaz, Abigail Breslin, Jason Patric, Sofia Vassilieva, Heather Wahlquist, Evan Ellingson, Alec Baldwin, Thomas Dekker. Another major theme in this novel is "The importance of living in the moment.". Second, there is a strong moral theme regarding the morality (or lack thereof) of Anna's parents continuously using Anna's body as a resource for Kate. 120. 135. A refusal to undergo medical treatment may be considered an immature decision simply because it is a refusal. She is no longer a girl who wants to fit in or feel cool. The Maine Supreme Court discussed its approach to the mature minor doctrine in In re Swan,59 a case involving a nonreligious refusal of lifesaving (or, more accurately, life-preserving) treatment. My kidney, My life My Sister's Keeper is a 2009 American drama film directed by Nick Cassavetes and starred by Cameron Diaz, Abigail Breslin, Sofia Vassilieva and Alec Baldwin. While Massachusetts may be progressive in that it makes the mature minor doctrine applicable to procedures outside of those relating to reproductive rights, the type of treatment a minor seeks could inform a courts decision, implying that even if a minor meets all other criteria and is deemed mature in all other respects, the type of treatment chosen (or refused) can influence the courts decision. One of the most-cited cases on this issue, and on the mature minor doctrine in general, is In re E.G.47 At seventeen years old, E.G. from Signum University. Next, Annas character changes dramatically after the car accident. "Most babies are accidents, not me. Gramtical Competence -the acquisition of phonological rulesw,morphological words,syntactic rules,semantic rules and lexixal items Sociolinguistic Competence -the learning of pragmatic aspect of various speech acts,namely,the cultural values, norms, and other . Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. And now Anna's parents are insisting that she give her sister a kidney. In Alabama, for example, any person aged fourteen and over has the authority to consent to medical procedures.18 In Delaware, any minor may lawfully consent to certain medical treatments if reasonable efforts were made to first obtain consent from the parents.19 For some states that provide the mature minor doctrine by judicial decision, the minor must meet certain criteria to prove that he or she can provide informed consent to the procedure, and sometimes it must be determined that the medical procedure would be the in the minors best interests.20. Migration and population study guide. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. Christa Banister is a full-time freelancer writer, specializing in music, movies and books-related reviews and interviews and is the author of two novels,Around the World in 80 Dates and Blessed Are the Meddlers. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. 66. How does it affect the kidney donation issue? The rule of sevens is a common law rule of capacity that states that under the age of seven, a minor lacks capacity; between the ages of seven and fourteen, there is a rebuttable presumption of no capacity; and between the ages of fourteen and twenty-one, there exists a rebuttable presumption of capacity. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. 36. ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). And the film does well what many other dramas about . 115. In re Doe, 973 So. Being dishonest with themselves and dishonest with their children is a conflict. Much of the literature written on this novel focuses on Anna, the sister who was born in order to become a donor for her sister, Kate, and the ethics of forcing such donations from a child.2 Anna hires a lawyer to sue her parents for the rights to [her] own body so that she cannot be forced to donate a kidney to her sister.3 While Anna is providing testimony in court, however, it is revealed that Kate had appealed to Anna and asked her to let her die.4 This revelation not only transforms Annas seemingly selfish act but also raises two important questions: What lengths must a minor go through in order to die with dignity, and when is it possible for a minor to refuse lifesaving treatment? A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. Children, however, are not merely an extension of their parents, and if the State is able to recognize that in certain contextssuch as in termination of parental rights proceedingsthen it should also apply in the context of medical decisions. 7 excellent Sister's Keeper qualities: 1. 53. . Legal Issues 637 (1999), for an example of how these statutes may differ. In Massachusetts, a determination of a minors maturity is also influenced by the minors ability to demonstrate that he or she is capable of giving informed consent to the procedure.34 This legal standard also exists in Arkansas, Idaho, Illinois, Kansas, Maine, Nevada, Tennessee, and West Virginia.35 Generally speaking, consent is considered informed if the patient demonstrates the capacity to make decisions; if he or she is provided with adequate information so that a reasonable person in the same position would be able to make an informed decision; if an appropriate amount of information is disclosed to the patient; and if the patients decision was made without the influence of fraud, coercion, or duress.36 Minor-patients, however, do not have the same rights to informed consent when they are under the care and custody of their parents.37 This is justified not only as existing under the umbrella of parental rights, but also because the law presumes that parents always act in their childs best interests, that children are incapable of making their own medical decisions, and that parents have the capacity and maturity to make difficult decisions, and also because parents tend to bear the burden of medical treatment costs.38 A minor-patient must rebut these presumptions in order to demonstrate that he or she is capable of rendering informed consent. Coleman & Rosoff, supra note 17, at 79091 tbl.1. Lai, To Be or Not to Be My Sisters Keeper?, 32 J. 2022 American Bar Association, all rights reserved. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. Health L. Rev. This new novel is by far her best achievement and a leap forward in her literary oeuvre. a guardian who would consent to the blood transfusions and determined that E.G. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. She wants to have a say in how her body is being used, and she sues her parents for medical emancipation. App. Why we resist accountability; look at 2. Kate's leukemia (APL) has affected every single one of her family members in that way. It is revealed to us in chapter one (Monday) that Anna is an allogeneic donor, meaning she is a perfect donor for her sister Kate who has acute promyelocytic leukemia. Is it worth trying to discover who you really are if that quest makes you like yourself less? She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. Is the ending of My Sister's Keeperhappy or sad? After reading this novel, one should know that disaster can happen at any moment in life. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). Union Pac. Constance Johnson, Belgium: Euthanasia Option May Be Extended to Children, Global Legal Monitor (Dec. 17, 2013), http://www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. While Sarah is pregnant she says, Although I am nine months pregnant, although I have had plenty of time to dream, I have not really considered the specifics of this child. from Franciscan University of Steubenville M.A. 5. Genesis 4:8. My Sister's Keeper Essay Topics & Writing Assignments. "Moral value is value that must be separated with other values. Therefore, she wants to sue her parents for rights of her own body. . 2002). My Sister's Keeper Book Jodi Picoult's novel My Sister's Keeper explores the dynamic of sacrifice and maneuvering in a family that has been rocked by the chronic illness of a. The novel "My Sister's Keeper" by Jodi Picoult explores the medical, legal, ethical and moral issues related to long term illness and discusses some of the bioethical issues around the experimental technique known as pre-implantation genetic diagnosis. Is it morally correct to do whatever it takes to save a child's life? The motivations of individual characters, the emotions that pull them one way or another, and the personal feelings that they inject into professional situations becomes achingly clear as we . Kate has realized that Anna has been sacrificing a lot for her. If you have not read the book then a good film, if you have read the book the the film will disappoint, the book gives more detail and goes a lot deeper and the ending it totally different, watch the film then read the book. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). 107. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. . At this particular moment, Campbell suffered an epileptic. Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. Although informed consent rights include rights to informed refusal,46 the right to informed consent is, as with most child rights, curtailed for minors. But without hope of an afterlife spent with Jesus in heaven, struggling through a family member's terminal illness just becomes that much more hopeless without knowing the true Hope. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. One of the earliest authoritative decisions using the mature minor analysis was Smith v. Seibly.7 In this case, the plaintiff had elected to undergo a vasectomy at eighteen years old, which at the time in Washington State law was in the age of minority.8 When the plaintiff reached the age of majority, he filed suit against the physician who had performed the procedure, claiming that he had been unable to consent to the surgery because of his age.9 The Washington Supreme Court held that the plaintiff was an emancipated minor at the time that he had given his consent to the surgery because, at eighteen years old, he was already married, the head of his household, and economically independent, and he had completed high school.10 The court had previously determined in Grannum v. Berard11 that a minors ability to consent to surgical procedures required case-by-case analysis,12 and it stated that age, intelligence, maturity, training, experience, economic independence or lack thereof, general conduct as an adult[,] and freedom from the control of parents13 were all factors that, when weighed together, would determine whether a minor was mature for the purpose of making medical decisions. Massachusetts best interests standard is applicable to minors wishing to refuse certain medical treatments through In re Rena.26 Although the issue in the case was moot,27 the Massachusetts Appeals Court listed the factors to be considered when determining whether allowing the child to make certain medical decisions is in his or her best interests.28 The first two criteria focus on the minor-patients expressed preferences for the operation, as well as the patients religious convictions.29 The next factor considers the impact that the desired treatment would have on the patients family.30 The fourth and fifth criteria examine the probability of adverse side effects from the treatment and the minor-patients prognosis without treatment.31 Finally, the court determines the present and future incompetency of the patient in making that decision.32 The factors that focus on the minor-patient (i.e., expressed wishes, religious beliefs, and incompetency) must also be weighed against the maturity of the minor-patient to make an informed choice.33 Even though this standard seems more child-centered, parental preferences still invade the evaluation of a minors best interests. & L. 557 (2006). The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). Menu. I would not listen to them, and continue helping them get better. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. 4. tracyt. Cloud State University M.A. Vocabulary Workshop test 13-15. at 1304 (discussing cases where a minors right to bodily integrity against the state has been applied in contexts outside schools and detention centers). Anna eventually sues her parents for medical emancipation after years of painful procedures. . Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. Minors should have the right to refuse treatment to avoid subjecting themselves to unwanted bodily invasion. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. Meanwhile, the. Similarly, the Oregon Court of Appeals declined to consider the constitutional issues raised in In re Connor because the issue had become moot when the petitioner turned eighteen.58. Anna's time in the hospital helped her to see things, Parents spending the majority of their time with a sick child, often leave their other children to take care of themselves.Parents can tend to focus entirely on one child when the others are in need. Although the refusal of lifesaving treatment is a passive act, as opposed to an active request for euthanasia or assisted suicide,134 the same result would still be produced. Name a treatment Kate has, and tell me some of the side effects she has to deal with. The movie surrounds a family in turmoil after they have a baby and realize the baby is sick (Kate). Much more dignified and less manipulative than I had expected. The plural forms are "sisters" and . /content/aba-cms-dotorg/en/groups/family_law/publications/family-law-quarterly/volume-52/issue-1/lessons-my-sister-s-keeper-minor-s-right-refuse-life-saving-treatment, http://www.bbc.com/news/world-europe-26181615, http://www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html, http://www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children, http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia, http://www.bbc.com/news/world-europe-25364745. , J., dissenting ) the lawsuit flirt and feels happy that her daughter a... Master & # x27 ; s Keeper Multiple Choice Test Questions and feels happy that her daughter my sister's keeper moral lesson a.! It is a conflict, at 79091 tbl.1 and less manipulative than i had expected Womb, the! 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Brothers girlfriend, Cameron Polk, and she sues her parents for medical after... By far her best achievement and a leap forward in her work Queen of Dreams ( 2004 ) and girl! Get you exactly the kind of answer you need quote, `` you do love. Can be traced further in her work Queen of Dreams ( 2004 ) Oleander... Point where she couldnt cope physically, Childrens right to refusal, and Bodily Integrity, Duke... And we 'll make sure to get better s Keeper by Nick Cassavetes Bravery! Affected every single one of her family Queen of Dreams ( 2004 ) and girl. Jodi Picoult 's novel My Sister & # x27 ; s have been right..., at 79091 tbl.1 sure to get better donations they have a baby and realize the baby is.... Is an interesting and exciting novel that addresses some important moral and ethical issues one her! Keeper by Nick Cassavetes is Bravery Minn., she wants to have a and. Integrity, 3 Yale J.L, although she does n't find this out until she 's..

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