For those concerned about the integrity of the story, however, it's difficult for a casual Picoult fan like myself to decide if the new ending really makes that dramatic of a difference, considering how truly sad the story is in the first place. 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. 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. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). Her cross-cultural traditional themes can be vouched in her fictions beginning with The Mistress of Spices (1997), Sister of my Heart (1999) and its sequel The Vine of Desire (2002). 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 . In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. Legal Med. 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. Yes, it's possible: in vitro fertilization assured a perfect match. Kate's leukemia (APL) has affected every single one of her family members in that way. Next, Annas character changes dramatically after the car accident. This muddied body of case law is what the Connecticut Supreme Court had to draw from when it decided In re Cassandra C.67 The petitioner, Cassandra, was sixteen years old when she was diagnosed with Hodgkins lymphoma.68 Cassandra was removed from her mothers care and placed under an order of temporary custody following a series of missed appointments to begin her cancer treatment.69 Initially, Cassandra and her mother were skeptical of the diagnosis and sought a second opinion.70 Cassandras mother was openly hostile with the doctors and was specifically worried about chemotherapy treatment, which she viewed as poisoning her child.71 Cassandra also missed several appointments intended to evaluate the stage of her cancer,72 which alarmed Cassandras doctors, who expressed the importance of beginning Cassandras treatment as soon as possible to improve her prognosis and avoid the need to resort to radiation therapy, which has more harmful side effects than chemotherapy.73 Because of the mothers combativeness and observed unwillingness to have her treated, Cassandras doctors contacted the Connecticut Department of Children and Families (DCF).74 An investigative social worker attempted to make contact with Cassandras mother, who at first did not return her phone calls, but then was openly hostile to the social worker when she made contact over the phone while insisting that Cassandras medical needs were being met.75 Because of the doctors continuous concern that Cassandra had not started her treatment, DCF filed a neglect petition against the mother for her failure to meet [Cassandras] medical needs and filed an ex parte order of temporary custody, which the court granted.76, Under the authority of the court, DCF removed Cassandra from her home and took her immediately to the emergency room, where Cassandra expressed her fears about waking up with tubes sticking out of her and about angering her mother.77 At the preliminary hearing on the order of temporary custody, the court appointed Cassandra a guardian ad litem to assist in evaluating Cassandras best interests and scheduled an evidentiary hearing.78 At the evidentiary hearing, her guardian ad litem testified that Cassandra had told him she was willing to undergo treatment only if she could return home.79 He further testified that Cassandra originally refused treatment because she had done her own research on the disease and needed time to absorb the information.80 Cassandra also testified at the evidentiary hearing, and told the court that her mother had wanted her to begin chemotherapy, but Cassandra resisted because of her fears surrounding its side effects.81 She promised the court, [I]f you let me go home today, I would start chemo tomorrow.82 Cassandra complied and went to her first two chemotherapy appointments, but when a social worker came to bring her to the hospital on the morning of her third appointment, Cassandra was missing.83 She returned home several days later and was brought for a medical evaluation the next day.84 She revealed that she had only agreed to start chemotherapy so that she could return home, and that, because she would soon turn eighteen, she would no longer be able to be forced to continue treatment.85, Cassandras behavior throughout the court proceedings persuaded the Connecticut Supreme Court that she was not a mature minor who was competent to make her own medical decisions.86 Although the mature minor doctrine had not been adopted in Connecticut jurisprudence, Cassandra attempted to use the doctrine to assert her right to choose her own course of medical treatment.87 The court agreed with the trial courts assessment that Cassandra was not a mature minor under any standard and therefore declined to decide whether to adopt the doctrine.88 Although Cassandra and her fellow respondents argued that the trial court improperly concluded that Cassandras lack of maturity was evidenced by her unwillingness to undergo treatment, the court characterized Cassandras argument as a claim that she had the right to refuse lifesaving treatment for any or no reason and that her assertion of this right could not be used against her when determining whether she was a mature minor.89 The court refused at that time to determine whether adults even had such a right, but nevertheless concluded that the law is clear that a seventeen year old does not have that right but, to the contrary, is presumed to be incompetent to [decide whether to refuse treatment], at least in the absence of proof of maturity.90. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. 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. She had got acute promyelocytic leukemia. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. Menu. (quoting Schloendorff v. Socy of N.Y. And now Anna's parents are insisting that she give her sister a kidney. 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 re Doe, 973 So. At this particular moment, Campbell suffered an epileptic. Although informed consent rights include rights to informed refusal,46 the right to informed consent is, as with most child rights, curtailed for minors. 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. She is the only hope for Kate to get better. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays MY SISTER'S KEEPER (Movie Review) Conceived by means of in vitro fertilization, Anna Fitzgerald (Abigail Breslin) was brought into the world to be a genetic match for her older sister, Kate (Sofia Vassilieva), who suffers from acute promyelocytic leukemia. This new novel is by far her best achievement and a leap forward in her literary oeuvre. Sisters Empower. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). Animal Farm Vocab. Eventually Kaye was not able to continue providing the care her mother required. Genesis 4:8. The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). Other sets by this creator. Sara and Brian are always prepared to rush to the . 1981). Migration and population study guide. This set of Lesson Plans consists of approximately 104 pages of tests, essay questions, lessons, and other teaching materials. 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. Being dishonest with themselves and dishonest with their children is a conflict. 37. . 28. 53. The plural forms are "sisters" and . She is no longer a girl who wants to fit in or feel cool. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. 66. 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. In the Dutch and Belgian laws, informed consent is implicated by the requirement that the minor understand and appreciate the nature and permanency of euthanasia. The Connecticut Supreme Courts reasoning underlines the problem inherent in a childs medical treatment: No matter how close to the age of majority, minors have no articulated rights to make decisions concerning their bodies. Last updated by jill d #170087 3 years ago 9/8/2019 5:59 PM. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. After reading this novel, one should know that disaster can happen at any moment in life. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. 21. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. It made me wonder, though, what would have happened if Kate had been healthy. Latest answer posted April 26, 2010 at 11:54:50 PM. 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. Casey is considered the case that fixed the legal recognition of abortion rights. In Bertens theory, it describes that moral value that must be separated with other values because moral value is different with other values. God, knowing full well what has happened asks Cain, "Where is Abel your brother?". As Anna enters her teen years, she starts to question the entire purpose of . Communicative Competence 1 Linguistic 2 3 4. Del. 42. What is the theme. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. It is not the first time that Belgium had considered legalizing the voluntary euthanasia of minors; in fact, when the Euthanasia Act of 2002 was first proposed, minors were included in the bill but were later removed to ease opposition.117 The original act defines euthanasia as intentionally terminating life by someone other than the person concerned, at the latters request.118 While voluntariness is a crucial element in both acts,119 the new legislation extending this right to minors differs significantly from the 2002 Act. See supra note 42 and accompanying text. 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. My Sister's Keeper Published by Admin at 19 , 2561 20 terms. My Sister's Keeper Essay Topics & Writing Assignments. But their family is rocked by sudden, heartbreaking news that forces them to make a difficult and unorthodox choice in order to save their baby girl's life. What are the social issues in the movie or book My Sister's Keeper? 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. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. Movies. 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. The publisher: Atria Books, 2003; paperback version, Washington Square Press, 2005 (Book 11) Like most teenagers, Anna is beginning to question who she truly is. My sisters keeper is a novel written by Jodi Picoult first published in 2004. My grad school experience felt very much like a roller coaster ride. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. 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. If the child welfare agency reasonably believed that the parent unduly influenced the minor, the state would then have a basis for removing the minor from that parents care. 65. 1, 3 (2016). 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. veronica_saldana. 2002). Key words: Moral Value, Good impact, My Sister's Keeper I. In the past, several of Picoult's novels have been adapted for the small screen, namely for slightly cheesy Lifetime movies, and the subject matter has generally had "made for TV" written all over it. One of the ethical principles that can be found in the movie "My Sister's . One of the main moral dilemmas in "My Sister's Keeper" by Jodi Picoult is how parents should balance the needs of their children. 117. 261 (2011); Michele Goodwin, My Sisters Keeper? She leaned over, her hand on the light switch. For the uninitiated: If you're looking for a happy-go-lucky beach read, Jodi Picoult's novels are never the way to go. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. 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. 78 terms. Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. 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. Ct. 1999). 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. [ ] . In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. veronica_saldana. In this film, Anna Fitzgerald is a. 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. There were many sleepless nights and tears. In this scenario what would be the subsequent possibility? Best interests of the child is a varying, paternalistic standard that complicates a minors access to certain medical treatment, including the refusal of medically accepted, lifesaving treatment. 60 terms. 133. "my sister's keeper"). If You Take Your Sci-Fi with More Depth Than Octane, Consider, 3 Bad Church Approaches to Good Money Stewardship, 7 Ways Anxiety Dominates the Christian Mind, 5 Critical Rules to Teach Your Kids to Help Them Stay Safe, 4 Things You Should Know about Jesus Revolution, Jesus on Adultery: Its More Controversial Than You Think, This site is a proud member of the Salem Web Network, a subsidiary of, Copyright 2023, Crosswalk.com. Please explain the quote, "You don't love someone because they're perfect. at 313 (Brennan, J., dissenting). She traveled to find her sister on her own. Step 2) Discuss and explore central . Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. In addition to capturing the dramatic physical changes that inevitably come as the cancer spreads and the retching that results from chemotherapy sessions, it also shows the 24/7 level of dedication that's required to care for the afflictedand how family members suffer in the wake of its all-consuming nature. Medical emancipation can be either general or limited according to the structure of the statute. I would not listen to them, and continue helping them get better. Legal Issues 637 (1999), for an example of how these statutes may differ. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. Cloud State University M.A. Ct. 1999). 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 . Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. Casey, 505 U.S. at 857. Anna, the story's protagonist, is brought into the. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. They're tearjerkers, but never inThe Notebook sense. Id. My siblings matter to me and I wouldn't want to see them out of my sight ever. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. 2023 eNotes.com, Inc. All Rights Reserved. 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. 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. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. Do you think it would work? I asked. "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. 92. App. This is where an informed consent standard can fill in a gap and allow a minor to prove that he or she understands and appreciates the outcome of refusing lifesaving treatment. Similar factors appear in other early cases that helped shape the mature minor doctrine. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. 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. Before Anna was born, Brian and Sara (the parents) wanted to save Kate's life. . 705 N.E.2d 1155 (Mass. How does this decision affect her relationship with the other members of the family. 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. 76. 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 . Needless to say, this doesn't go well with Sara, Anna's mother, who gets served court papers while waiting beside Kate in her hospital bed. 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? Miss Helena S. Robinson, daughter of Mr. nd Mrs. Alexander P. Robinson, of Chestnut Hill, will be guest of honor at a dinner to be Blyen by Judge and Mrs. William Wllklns Carr, Pf UM Locust street "- ?Mr. Conceived by means of in vitro fertilization, Anna Fitzgerald (Abigail Breslin) was brought into the world to be a genetic match for her older sister, Kate (Sofia Vassilieva), who suffers from acute promyelocytic leukemia, in order to keep her alive. 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. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. B.A. 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 . Coleman & Rosoff, supra note 17, at 79091 tbl.1. 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. 359, 38789 (2000). Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. 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. 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. . 5. A minors right to bodily integrity is one that has been widely accepted and often explored in the context of the mistreatment in schools or juvenile detention centers.105 Still, courts have applied the right to protect minors from state intrusions in other contexts.106 In In re E.G., for example, the Illinois Supreme Court suggested that a minor may invoke the right in the context of refusing lifesaving treatment, as it saw no reason why [the] right of dominion over ones own person should not extend to mature minors.107 When it comes to a minors right to bodily integrity against parents, however, the rights are less definitive, primarily because the law presumes for multiple reasons that parents have the right to make medical decisions on behalf of their children.108, In the reproductive rights context, minors rights have been protected against parental interference. . 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. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. from Signum University. Union Pac. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. 1. My Sister's Keeper examines what it means to be a good parent, a good sister, and a good person. While they were in the field, Cain attacked his brother Abel and killed him. 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 . One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. Minors, however, are capable of rendering mature decisions without being religiously motivated. There are many different kinds of ethical problems that Anna, as the designer baby, is the role she plays in her family, loyalty, illness, and medical ethics, and rights. 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. Anna would constantly give blood to Kate in order to save her life. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. 26. 705 N.E.2d 1155 (Mass. Kind moral App. 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. Health L. Rev. 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