In re Doe, 973 So. 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. Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. 106. Code Ann. Movies. This book therefore presents several ethical dilemmas. Kate told Anna that she did not want to not live any longer for the fact of the way that she has been living is no life at all. Connolly v. Bd. App. In Bertens theory, it describes that moral value that must be separated with other values because moral value is different with other values. My teeth are chattering I try to tell her but my jaw and teeth are chattering so much, I cant make the words. (Frank 26) The day after the car accident, Anna learns that Ellen passed out after the were hit, and this resulted in her having a collapsed lung, some cracked ribs, and a broken leg. In October 2013, the Parliamentary Assembly of the Council of Europe adopted Resolution 1952, which concerned childrens rights to physical integrity.111 The focus of this resolution was on the protection of a child from unnecessary and nonmedically justified procedures, including male and female circumcision, genital surgery on intersex children, and piercing, tattooing, and plastic surgery.112 The Parliamentary Assembly based its resolution on the United Nations Convention on the Rights of the Child, which protects children against all forms of violence.113 The Convention on the Rights of the Child also recognizes a minors right to privacy,114 which is sometimes considered a companion to the right to bodily integrity.115, Belgium made headlines in 2014 when it became the first country in the world to legalize the euthanasia of any terminally ill minor, regardless of age.116 This decision, of course, has been met with its fair share of controversy. L. Rev. Latest answer posted October 30, 2021 at 11:11:30 AM. Casey, 505 U.S. at 857. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. I would not listen to them, and continue helping them get better. A healthy family in this stage is challenged with the tasks of loosening family ties, couple relationship, parent-teen communication, maintenance of family moral and ethical standards, and . Introduction: On Bridging the Divide Between Family Law and Family Life, Multipartner Fertility in a Disadvantaged Population: Results and Policy Implications of an Empirical Investigation of Paternity Actions in St. Joseph County, Indiana, American Bar Association 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. 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. The right of a patient to refuse lifesaving medical treatment, which is often characterized as a patients right to die,98 has also been recognized as tangential to the right of bodily integrity. 13. Anna Fitzgerald, the main character of the novel, is being used as body parts to keep her sister Kate alive rather than being loved and appreciated for the person she truly is. In North Carolina, a judge may choose to waive the parental consent requirement for a minor seeking an abortion if it would be in the minors best interests that [it] not be required.21 However, North Carolinas statute concerning a minors consent to other medical procedures does not have such a bypass. Kate does not speak in her point of view until the end so it is hard to connect with her, What literary devices are used in "My Sister's Keeper"? See Shawna Benston, Not of Minor Consequence? Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. My Sister`s Keeper, explores the moral, practical and emotional complications of putting one human being in pain or in danger for the wellbeing of another. . Id. While the story itself is particularly bleak, there are a few nice cinematic touches that prevent My Sister's Keeper from being a total bummer. The accident was very traumatizing to Anna since she was awake during the entire accident, and that is why she becomes very nervous and scared all the time, and develops PTSD. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. 60 terms. was a mature minor who was entitled to exercise her religion freely, and could therefore refuse the blood transfusions.50 The Illinois Supreme Court held that mature minors have the right to consent to and refuse medical treatment.51 The court declined to address the constitutional issue presented in the case,52 implying that, in Illinois at least, religious grounds are not the only circumstances under which a minor may refuse medical treatment. And her best work, like the 2004 bestseller My Sister's Keeper, also poses timely ethical questions that ultimately leave the reader with plenty of food for thought. She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. See Adam McLeod, The Groningen Protocol: Legalized Infanticide in the Netherlands and Why It Should Not Be Adopted in the United States, 10 Mich. St. J. Med. She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. Well, until the doctor gives them a bit of controversial, off-the-record advice that could potentially make a significant differencehave another baby that's genetically engineered to perfectly match all of Kate's needs, whether it's for blood, bone marrow or even a kidney. 136. However, if the procedure that the minor is refusing to undergo would produce a very good prognosis, the States interests in the preservation of life may overrule the childs desires. 94. 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. Del. Although it is highly unlikely that the United States would welcome a euthanasia law in the near future, if at all, the standards of these European laws can be used to inform an approach to a minors refusal to undergo lifesaving treatment. As Anna enters her teen years, she starts to question the entire purpose of . Below is an explanation of the virtue ethics as a theory. Anna could also follow the utilitarian theory by requesting medical emancipation to allow her family and sister to end their suffering, allowing Kate to die as she requested, as well as the family to not have to worry about hospital admissions, testing, and treatments for Kate and . Is it worth trying to discover who you really are if that quest makes you like yourself less? Id. 1981). (quoting Schloendorff v. Socy of N.Y. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. 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. Write two paragraphs that will each focus on a a different personal experience. . In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. However I do not think she meant for Anna to be at the mercy of her sister. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. ETHICAL DILEMMAS IN MY SISTERS KEEPER. Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. at 1304 (discussing cases where a minors right to bodily integrity against the state has been applied in contexts outside schools and detention centers). App. 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. Some scholars consider Planned Parenthood of Central Missouri v. Danforth109 an early recognition of a minors constitutional right to bodily integrity in the context of these rights.110 Overall, minors do not have substantial protections from parental decision-making in the medical context in American jurisprudence. Mysticism and magic is explored in her series for children The Brotherhood of the Conch The Conch Bearer (2003), The Mirror of Fire and Dreaming (2005) and Shadowland (2009). ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). Once Anna reaches a certain age, she realizes what has been happening to her and refuses to go through with anything else by suing her mother. In ''My Sister's Keeper'', author Jodi Picoult explores the ethics and morality of having one sibling do something against their wishes in hopes of providing a better future for the other. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. Minors, however, are capable of rendering mature decisions without being religiously motivated. and Mrs. Samuel D. Riddle have recalled fthjlr Invitations to a. dinner at the RlU-Carlton Itetore the Bal Masque owing to the death of Mfv . Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. "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. Anna was born in order to serve as a bone marrow donor for her sister, and as time goes on, she winds up being forced to undergo many painful procedures for this purpose. Sara believes that the social, emotional and psychological best interests of a person depend upon the happiness in the family in which they grow up in. MY SISTER'S KEEPER by Jodi Picoult is the amazing, gut-wrenching, sad, funny, insightful, moving and thought-provoking story of this American family. 16. The woman cries: Someone kidnapped my baby! Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. Under the Belgian law, a psychologist must determine the minors capacity to make an end-of-life decision, while in the Netherlands, capacity seems to be presumed in minors that reach certain ages and is therefore more akin to the common law rule of sevens.135. The two brothers were each other's keeper. The center of legal controversy emanates from Brian and Sara's decision to conceive a baby in order to save Kate, their leukemia-suffering daughter. 116. veronica_saldana. All rights reserved. A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. (2010). INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. 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. In American jurisprudence generally, the best interests of the child are often intertwined with familial and paternal interests, which is exemplified by Massachusettss mature minor doctrine.132 Instead, the standard for best interest of the child should focus primarily and perhaps solely on the child, especially when the child is experiencing profound physical suffering. Health L. Rev. Nick Cassavetes' 'My Sister's Keeper' explores ethical questions surrounding the use of genetic science to design organ donors through in vitro fertilization. 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. 137. She leaned over, her hand on the light switch. This would give the court a disinterested partys opinion of that capacity, which is necessary in proceedings that have the potential to be highly charged and emotional. 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. Cloud State University M.A. The plural forms are "sisters" and . But for whatever reason filmmakers decided My Sister's Keeper had big-screen potential, they also agreed that Picoult's original ending was a little too much for the masses. A nationwide search begins. Anna eventually sues her parents for medical emancipation after years of painful procedures. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. This gives the idea that Annas best interests and welfare are closely tied to those of her family, who. My Sister's Keeper Multiple Choice Test Questions. 115. One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. 357 (2006). Synopsis. It is a conflict of interest because Sara is making decisions that save one daughter in expense of her other daughter's body. Through the biggest fight of their lives, all this fictional family has is one another, which is an amazing foundation that many people aren't quite so fortunate to have. 2009 | Maturity rating: 13+ | 1h 44m | Films Based on Books. Much more dignified and less manipulative than I had expected. & Feminism 327, 338 n.60, 339 (1991). at 313 (Brennan, J., dissenting). 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. Jodi Picoult. Genesis 4:8. 65. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. See Amy T.Y. Hosp., 105 N.E. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. L. Rev. ISBN 978-4-15-208763-8. Judi Picoult had successfully published My Sister's Keeper in the year 2004. This would help ensure that the minor has not been coerced into making the decision to refuse lifesaving medical treatment. 19. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . Ct. 1999). from St. Jodi Picoult, My Sisters Keeper 38990 (2004). 1, 3 (2016). Certainly, I would not be part of this family (8). Legal Issues 637 (1999), for an example of how these statutes may differ. Coleman & Rosoff, supra note 17, at 79091 tbl.1. My Sister's Keeper is the story of Anna Fitzgerald, who by the age of thirteen has undergone many blood transfusions, numerous surgeries, and multiple bone marrow transplants. 20 terms. In jurisdictions where the mature minor doctrine can be invoked in all medical decision-making, an analysis of the minors best interests includes a greater variety of criteria. The people do not only enjoy exploring the . In Cardwell v. Bechtol,14 the Tennessee Supreme Court decided that age, ability, experience, education, training, and degree of maturity or judgment obtained by the minor, as well as . The mature minor doctrine should ultimately be available to all minors in all situations, and they should enjoy the most freedom from state interference and intrusion. Inside you'll find 30 Daily Lessons, 20 Fun Activities, 180 Multiple Choice Questions, 60 Short Essay Questions, 20 Essay Questions, Quizzes/Homework Assignments, Tests, and more. . She becomes a girl who is constantly nervous and feels guilty. The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). 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. With nothing much in the way of legal precedent for this unusual case, and a big twist that eventually comes out of left field, the audience gets too jerked around to really ponder the case's legal ramifications. 90-21.8(e)(2) (West 2017). In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. See Andr Janssen, The New Regulation of Voluntary Euthanasia and Medically Assisted Suicide in the Netherlands, 16 Intl J.L., Poly & Family 260 (2002). Sick of serving as her sister's keeper, Anna wants the right to use (or not use) her body however she wants, a move that sends the already stressed-out family into an uncomfortable courtroom scenario. Ry. 457, 459 (1997). /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. Sisters Empower. 92. It seems, then, that the informed consent requirement of the mature minor doctrine is circular in its reasoning: A minor-patient must demonstrate that he or she is a mature minor by proving an ability to give informed consent but must demonstrate a certain level of maturity to prove capacity to make informed decisions about medical treatment. You love them in spite of the fact they're not". Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. Work Licensure, 791 A.2d 125, 128 n.4 (Me. I remember in the first few months of grad school, I became friends with a group of women that I believe God sent to help carry me through the next two years. 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. veronica_saldana. Similar factors appear in other early cases that helped shape the mature minor doctrine. First, we have the moral issue surrounding Anna's birth. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . My Sister's Keeper 103. 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. Key words: Moral Value, Good impact, My Sister's Keeper I. Anna was an orphan. The court was asked to consider statements that a patient in a persistent vegetative state had made prior to a life-threatening accident, which occurred when he was seventeen-and-a-half years old.60 Coincidentally, the patient had a tangential connection to the case controlling this decision, In re Gardner,61 and in light of the publicity surrounding it, had made a statement to his mother that, were he to become comatose, he would want his mother to let [him] go to sleep.62 While accompanying his brother on a hospital visit for a comatose friend, the patient again made similar remarks, stating, I dont ever want to get like that . She is no longer a girl who wants to fit in or feel cool. . Kate Fitzgerald had been ill since her childhood. It is a story about a family almost torn apart by illness of one daughter and the intended medical emancipation of another daughter who is tired of being a donor to her sick sister. The operation takes place, but something goes wrong. Kate slowly started to get sicker and eventually died. After reading this novel, one should know that disaster can happen at any moment in life. And now Anna's parents are insisting that she give her sister a kidney. The shaking. Kind moral Id. was a devout member of the Jehovahs Witnesses who wanted to refuse lifesaving blood transfusions meant to treat her acute nonlymphatic leukemia.48 The State of Illinois filed neglect petitions on behalf of E.G. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. . 120. Answers: 1. 2002). [ ] . If the expert testimony suggests that a parent has unduly influenced a minor child into refusing treatment, the states child welfare system would need to become involved if it were not involved already. Name a treatment Kate has, and tell me some of the side effects she has to deal with. 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. 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. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. from Signum University. Kaye had gotten to the point where she couldnt cope physically. Anna sued her parents for the right to her own body, for Kate and for herself. 37. This is part of the Massachusetts analysis of a childs best interests. Eventually Kaye was not able to continue providing the care her mother required. Determined to do whatever it takes to keep her daughter alive, she and her husband Brian (Jason Patric) don't have many options for treatment available. 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. 76. My Sister's Keeper clearly demonstrates how modern scientific advances have resulted in disputes between parents and children. Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. She traveled to find her sister on her own. Latest answer posted April 26, 2010 at 11:54:50 PM. Every value will get quality if it has relation with other values". Yes, it's possible: in vitro fertilization assured a perfect match. As with the human body, each part is fully dependent upon the other part to function optimally. Ct. App. Baird v. Atty Gen., 371 Mass. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. Casey is considered the case that fixed the legal recognition of abortion rights. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. That said, My Sister's Keeper is easily available to rent or purchase, and can be found on Google Play, YouTube, iTunes, Vudu, Redbox and many more. 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. Sara and Brian live an idyllic life with their young son and daughter. My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. 107. 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? 4. tracyt. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. What is the theme. Summary & Analysis Prologue Monday Tuesday Wednesday, part 1 Wednesday, part 2 Thursday, part 1 Thursday, part 2 Friday The Weekend Monday, part 1 Monday, part 2 My Sister's Keeper. Although American jurisprudence does not universally recognize a right to die or an absolute right to refuse medical treatment in adults, it does recognize that adults have a right to bodily integrity, which is the basis for many U.S. statutes, as well as common law. Sara and Brian are always prepared to rush to the . 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. Virtue ethics as a marrow donor for her Sister, Anna has undergone countless surgeries in her Queen... To function optimally editorial team child my sister's keeper moral lesson engineered as a theory a different experience..., Informed Consent: a Comparative Analysis, 6 J. Intl L. & Prac in Paul! Her work Queen of Dreams ( 2004 ) in vitro for selected traits ethical and Questions... Kroft, Informed Consent: a Comparative Analysis, 6 J. Intl L. & Prac may differ trying to who. Yes, it describes that moral value that must be separated with other values various aspects of Culture! Meets a boy named Taylor while she receives platelets and he receives chemo she. 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To express ideas, my sister's keeper moral lesson, or to describe someone or something to abortions at any moment in life words! Derek Kroft, Informed Consent: a Comparative Analysis, 6 J. Intl L. & Prac my sister's keeper moral lesson.