The Biblical solution; and 3. Latest answer posted October 30, 2021 at 11:11:30 AM. The most obvious struggle for Anna In her desicion to pursue legal action . 136. 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. My Sister's Keeper was a drama film released in 2009, which touched numerous amounts of ethical issues that caused a dilemma between the family and their kids. My grad school experience felt very much like a roller coaster ride. 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. 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. 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. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. Latest answer posted April 26, 2010 at 11:54:50 PM. Asked by Isabel B #907456. All rights reserved. 78 terms. This means one sister owns an item (i.e. 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. This gives the idea that Annas best interests and welfare are closely tied to those of her family, who. Name a treatment Kate has, and tell me some of the side effects she has to deal with. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). The messages of this film highlight the importance of understanding the several dimensions of hardships and struggles, beyond illness and disease that patients must undergo. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays 2008). 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. 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. Meanwhile, the. Ct. App. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. Lai, To Be or Not to Be My Sisters Keeper?, 32 J. Therefore, she wants to sue her parents for rights of her own body. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. How does this decision affect her relationship with the other members of the family. 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. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. Do you think it would work? I asked. Certainly, I would not be part of this family (8). from St. 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 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 . Our summaries and analyses are written by experts, and your questions are answered by real teachers. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). And she never wants to talk about Cameron because she feels as if it was her own fault that Cameron died. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. 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. Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. 115. My siblings matter to me and I wouldn't want to see them out of my sight ever. Warmly told from each character's point of view, a move that mirrors Picoult's own writing style, the audience has a better opportunity to connect with everyone involved. 20. For the uninitiated: If you're looking for a happy-go-lucky beach read, Jodi Picoult's novels are never the way to go. 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. University of Connecticut Law School, J.D. And in yet another memorable cameo, Alec Baldwin injects a much-needed shot of comic relief as an attorney for Anna who decides to seek "medical emancipation" from her family. "What moral themes are present in My Sister's Keeper?" 106. Sisters'. What is the moral lesson of the story two brother? The operation takes place, but something goes wrong. 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. The moral lesson of the Two Brothers is that blood is thicker than water. Migration and population study guide. 37. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . veronica_saldana. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. 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). Anna would constantly give blood to Kate in order to save her life. Similar factors appear in other early cases that helped shape the mature minor doctrine. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. She is the only hope for Kate to get better. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). App. 76. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. 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. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. 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. This book therefore presents several ethical dilemmas. 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. 21. In Florida, the court uses the following factors to determine whether notifying a parent that his or her minor child is seeking an abortion is in her best interests: the minors emotional or physical needs; the possibility of intimidation, other emotional injury, or physical danger to the minor; the stability of the minors home and the possibility that notification would cause serious and lasting harm to the family structure; the relationship between the parents and the minor and the effect of notification on that relationship; and the possibility that notification may lead the parents to withdraw emotional and financial support from the minor.25. In a bit of casting I honestly never expected to work, Cameron Diaz trades in her typical ditzy blond shtick and throws herself into the decidedly unglamorous role of Sara Fitzgerald, an attorney who gives up her practice when her young daughter Kate (Sofia Vassilieva from TV's Medium) is diagnosed with leukemia. God, knowing full well what has happened asks Cain, "Where is Abel your brother?". Next, Annas character changes dramatically after the car accident. 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. Baird v. Atty Gen., 371 Mass. Minors should have the right to refuse lifesaving treatment based on their right to bodily integrity if they can show that it is in their best interests. 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. My Sister's Keeper (2009) cast and crew credits, including actors, actresses, directors, writers and more. This would mean that in order for a minors right to refuse lifesaving treatment to be introduced into American jurisprudence, the standards that a minor has to meet must be high. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. Science Chapter 11. Communicative Competence 1 Linguistic 2 3 4. With the 's ending, "sister's" is the singular possessive form. Every value will get quality if it has relation with other values". 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. This is in line with American notions of informed consent and easily transferable to a minors right to refuse 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. 97. She is a housemaid and a widow that is stuck on her own trying to heal many people. 20069 . 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. "Sister" and "sister's" are the singular forms. These criteria may include a requirement, such as the one in the Netherlands, that minors under the age of sixteen have the approval of their parents to refuse the treatment. See Amy T.Y. A refusal to undergo medical treatment may be considered an immature decision simply because it is a refusal. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. 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. As with the human body, each part is fully dependent upon the other part to function optimally. Running out of options, the family agrees to create a so-called savior sibling who will donate blood, organs, and tissues to support their daughter's life. My Sister's Keeper is a 2009 film that focuses on the story of a family where a daughter has a severe illness. In My Sister's Keeper, what are the main differences in the movie vs the book? 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. In foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. I have thought of this daughter only in terms of what she will be. Anna's mother has a right to make medical decisions for her. 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 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 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 minors physician should also weigh in on this evaluation because the physician will likely have had ample interactions with both minor-patient and parent, and he or she will have insight based on observations of the relationship. [ ] . 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. Sara and Brian are always prepared to rush to the . The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. 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. 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. 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. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. 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. Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. 4. tracyt. Sara and Brian live an idyllic life with their young son and daughter. Judi Picoult had successfully published My Sister's Keeper in the year 2004. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. As Anna leaves the courtroom, she tells her mother she did great. She is no longer a girl who wants to fit in or feel cool. If one of them gets severely sick, I would absolutely do whatever I can to bring them back to their normal health. 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 Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. 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. 2002). Connolly v. Bd. Genesis 4:8. 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. Instances where moral values would be in conflict would be when the parents must ask themselves, does it make them bad parents to use one child to save another? 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. Latest answer posted August 26, 2009 at 6:42:54 AM. 117. Jodi Picoult. 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. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. 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. She is at the center of an ethical dilemma as she has to decide what is best for her and her family. One of the main moral dilemmas in "My Sister's Keeper" by Jodi Picoult is how parents should balance the needs of their children. 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. And the film does well what many other dramas about . Ry. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. 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? Explores several different moral issues Picoult had successfully published My Sister 's Keeper? by experts, and tell some. 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