Let us know your assignment type and we'll make sure to get you exactly the kind of answer you need. 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. 118. . Every value will get quality if it has relation with other values". INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. 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. 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. Minors are only allowed to seek whatever treatment they need if they are emancipated22 or if they are seeking treatment for venereal disease, pregnancy, substance abuse, or emotional disturbance.23 An exception can be made for emergency medical treatment,24 but the statute is limited to the aforementioned circumstances. And now Anna's parents are insisting that she give her sister a kidney. eNotes.com will help you with any book or any question. 13. Jodi Picoults My Sisters 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. 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. Being dishonest with themselves and dishonest with their children is a conflict. Belgiums Parliament Votes Through Child Euthanasia, BBC News (Feb. 14, 2014), http://www.bbc.com/news/world-europe-26181615. 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. Neela:Victory Song (2002) is another work by her for young readers. Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. She is the only hope for Kate to get better. Step 2) Discuss and explore central . Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. I would want somebody to let me leaveto go in peace.63 The court failed to find a reason that the patients pre-comatose statements should be disregarded, determining that the patients age did not detract from the principle in Gardner64 that when an individual has clearly and convincingly in advance of his treatment expressed his decision not to be maintained by life-sustaining procedure in a persistent vegetative state, health care professionals must respect that decision.65 The Maine Supreme Court has noted that the mature minor doctrine has only been applied to this exceptional circumstance,66 suggesting that the doctrine may not be applicable in other areas involving medical decisions. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. Latest answer posted October 22, 2010 at 3:25:56 AM. Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. The media report it day and night, calling for clues and witnesses of the crime. Ann. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. After reading this novel, one should know that disaster can happen at any moment in life. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. Minors rights over their bodies should not be contingent on their age. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. My grad school experience felt very much like a roller coaster ride. at 313 (Brennan, J., dissenting). 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 . 2002). Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. Anna, on the other hand, desires her medical freedom. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. In Bertens theory, it describes that moral value that must be separated with other values because moral value is different with other values. Ct. App. 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 . Del. & Feminism 327, 338 n.60, 339 (1991). 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. Doriane Lambelet Coleman & Philip M. Rosoff, The Legal Authority of Mature Minors to Consent to General Medical Treatment, 131 Pediatrics 786, 79091 tbl.1 (2013). 36. 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. Mother forces Anna to donate her kidney Mother allows Anna to decide if she wants to donate her Kidney Gives her kidney to Kate Doesn't give her kidney to Kate 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. 117. 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. Sisters'. 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 . 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. 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. How does it affect the kidney donation issue? 1. Latest answer posted August 26, 2009 at 6:42:54 AM. What is the theme. L. Rev. Other sets by this creator. The moral lesson of the Two Brothers is that blood is thicker than water. A sister is not jealous of her sibling's calling: Now Cain said to his brother Abel, "Let's go out to the field.". Kate goes on a date with Taylor. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. She wanted to find her sister because thats the only family she has. 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. Coleman & Rosoff, supra note 17, at 79091 tbl.1. At this particular moment, Campbell suffered an epileptic. 21. 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. 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. Anna sues her parents, Sarah and Brian, for medical emancipation. Yes, it's possible: in vitro fertilization assured a perfect match. And she never wants to talk about Cameron because she feels as if it was her own fault that Cameron died. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. Instead of focusing her creative energy on sweeping stories of long lost love la Nicholas Sparks, Picoult crafts twisty tearjerkers that revolve around dysfunctional families. She becomes a girl who is constantly nervous and feels guilty. In re Doe, 973 So. The film My Sister's Keeper, based on a 2004 bestselling novel by Jodi Picoult, presents an extreme example of in vitro fertilization and genetic selection technology to confront the moral and social issues with these reproductive tools. App. MY SISTER'S KEEPER by Jodi Picoult is the amazing, gut-wrenching, sad, funny, insightful, moving and thought-provoking story of this American family. 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. Jodi Picoult. 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. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. 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. 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? 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. Casey, 505 U.S. at 857. Response: If I were in the same situation Anna was in, I would do everything I can to save my sibling's life, even if my sick sibling tells me to stop helping them to get better. 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. Judi Picoult had successfully published My Sister's Keeper in the year 2004. a guardian who would consent to the blood transfusions and determined that E.G. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. Because religious beliefs implicate a fundamental right that is enumerated in the First Amendment to the Constitution, it is understandable that these beliefs are capable of supporting a minors decision to refuse lifesaving treatment. 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? Jodi Picoult, My Sisters Keeper 38990 (2004). 106. 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). Similar factors appear in other early cases that helped shape the mature minor doctrine. . Science Chapter 11. 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. My Sister's Keeper Review and Study Guide. 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. 78 terms. 4. tracyt. The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). 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. References CMN4100. This is part of the Massachusetts analysis of a childs best interests. This is in line with American notions of informed consent and easily transferable to a minors right to refuse treatment. The Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. ETHICAL DILEMMAS IN MY SISTERS KEEPER. Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. 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. My Sister . 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. Id. 115. Key words: Moral Value, Good impact, My Sister's Keeper I. Id. 20069 . Anna believes that her only role is to be a donor for Kate. 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 . application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. One complicated but perhaps necessary component of best interest considerations that should apply is the childs prognosis with or without treatment.133 If the procedure is technically considered lifesaving but has a low chance of actually saving the minors life, then this should work in favor of a minors wish to forgo treatment and protectible interest in fulfilling that wish. First, we have the moral issue surrounding Anna's birth. 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. 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. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. 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 . Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. Answers: 1. of Soc. Eur. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . I would not listen to them, and continue helping them get better. . Baird v. Atty Gen., 371 Mass. 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. 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. Ry. 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. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. 26. She wants to have a say in how her body is being used, and she sues her parents for medical emancipation. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . 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. 53. 34. 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. 2004. 122. 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. 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. This new novel is by far her best achievement and a leap forward in her literary oeuvre. 23 terms. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. 5. 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. This set of Lesson Plans consists of approximately 104 pages of tests, essay questions, lessons, and other teaching materials. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. & L. 557 (2006). Kate Fitzgerald had been ill since her childhood. Sara and Brian are always prepared to rush to the . First, we have the moral issue surrounding Anna's birth. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . My Sister's Keeper . Before Anna was born, Brian and Sara (the parents) wanted to save Kate's life. /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. What words would describe Kate from My Sister's Keeper? 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. 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. My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. Eventually Kaye was not able to continue providing the care her mother required. 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. 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. The plural forms are "sisters" and . 111. 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. A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. TV Shows. 1295, 130203 (2015). I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. 123. cheyennebatista. 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. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. 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