The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . "Moral value is value that must be separated with other values. Menu. The events that will be discussed are: how being brought into the world to save Kate affected Annas psychosocial development, how having to undergo many surgeries at a very young age affected Annas physical development, and also how Annas cognitive development was affected by her sisters sickness and death. 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. Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. from Signum University. This substantially limits the choices a minor may actually have when undergoing medical treatment. She traveled to find her sister on her own. 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. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. 105. . She is at the center of an ethical dilemma as she has to decide what is best for her and her family. Anna's mother has a right to make medical decisions for her. Ct. 1999). The operation takes place, but something goes wrong. 2022 American Bar Association, all rights reserved. 3. It was also based on a novel of the same name. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. 705 N.E.2d 1155 (Mass. A sister is not jealous of her sibling's calling: Now Cain said to his brother Abel, "Let's go out to the field.". veronica_saldana. Latest answer posted August 26, 2009 at 6:42:54 AM. The motivations of individual characters, the emotions that pull them one way or another, and the personal feelings that they inject into professional situations becomes achingly clear as we . 133. 457, 459 (1997). This set of Lesson Plans consists of approximately 104 pages of tests, essay questions, lessons, and other teaching materials. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. 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. 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. Ry. 2002). Because court involvement in a minors end-of-life decision is inevitable, it should be required that a psychologist make a determination of the minors capacity. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. An Ethical Theme Of Genetic Engineering In The Movie My Sister's Keeper: [Essay Example], 557 words GradesFixer. Anna, the story's protagonist, is brought into the. 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. 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. First, we have the moral issue surrounding Anna's birth. Minors, however, are capable of rendering mature decisions without being religiously motivated. Animal Farm Vocab. 103. Anna was born to be additional parts for Kate. 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. 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. Kate goes on a date with Taylor. Movies. Minors rights over their bodies should not be contingent on their age. More than that, however, is a renewed sense of thankfulness for my faith as an anchor in life's most challenging moments. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. 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. 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. 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. 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. A kidney transplant?. L. Rev. 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. 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. 76. veronica_saldana. Del. Sisters'. 34. "What moral themes are present in My Sister's Keeper?" Code Ann. Chandrika Narayan, First Child Dies by Euthanasia in Belgium, CNN (Sept. 17, 2016), http://www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. Ct. 1999). My Sister's Keeper. 25. My Sister's Keeper. 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. She is a housemaid and a widow that is stuck on her own trying to heal many people. (quoting Schloendorff v. Socy of N.Y. 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 . For the uninitiated: If you're looking for a happy-go-lucky beach read, Jodi Picoult's novels are never the way to go. 357 (2006). 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. 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. 101. She felt like she was responsible for Annas pain because as portrayed in the movie, Kate felt like she let her parents hurt her sister. In the town of Upper Derby, Rhode Island in 2004, Brian and Sarah Fitzgerald, the parents in the book, have a sick daughter and learns that she only has a limited amount of time to live. 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. The novel "My Sister's Keeper" by Jodi Picoult explores the medical, legal, ethical and moral issues related to long term illness and discusses some of the bioethical issues around the experimental technique known as pre-implantation genetic diagnosis. Another major theme in this novel is "The importance of living in the moment.". As Anna enters her teen years, she starts to question the entire purpose of . Id. 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. Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. Ann. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. She eventually won the case and didn't have to give Kate the kidney. 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. Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. 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. 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. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. The two brothers were each other's keeper. 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 parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . 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. ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). Given the subject matter, how could it not be? . 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. 137. In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. She also gave her a bone marrow. My Sister's Keeper Published by Admin at 19 , 2561 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. "my sister's keeper"). from Franciscan University of Steubenville M.A. There were many sleepless nights and tears. In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. 92, 93 (N.Y. 1914)). 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? 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. Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. 92. 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. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. My Sister's Keeper Essay Topics & Writing Assignments. my sister's keeper moral issues Category: Business Paper Type: Homework Reference: APA Words: 1500 Ethical Issues in the Movie "My Sister's Keeper" There are following ethical issues in the in the movie The ethics of Breeding The ethical issue of breeding Anna as a Donor for Kate It is important as a health care provider to make sure the patient keeps their autonomy while informing them about what the best options are even if it is against what they want. That night, Sara overhears Kate gushing about it to Anna. Print Word PDF. This gives the idea that Annas best interests and welfare are closely tied to those of her family, who. After she had made it through the rough part of her experience, her perspective on life changed. 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. from St. 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. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. App. Download the entire My Sister's Keeper study guide as a printable PDF! In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. Being dishonest with themselves and dishonest with their children is a conflict. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. 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. The book tells the story of Anna Fitzgerald, a 13 years old girl that was genetically selected to be a savior sibling to save her older sister's life. 26. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. 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"? I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. 36. /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. 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. (2010). Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . My Sister's Keeper Multiple Choice Test Questions. Legal Issues 637 (1999), for an example of how these statutes may differ. 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. Sisters Empower. See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. 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 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. My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. 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 Sister's Keeper (2009) cast and crew credits, including actors, actresses, directors, writers and more. Sara and Brian are always prepared to rush to the . & Feminism 327, 338 n.60, 339 (1991). 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 approach seems inevitable, as evidenced by the requirements even in liberal jurisdictions that allow for the euthanasia of minors only when the minors illness is terminal, incurable, and causes suffering that cannot be alleviated. 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. Id. It made me wonder, though, what would have happened if Kate had been healthy. . A nationwide search begins. 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 . Id. 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. 2d 548, 553 (Fla. Dist. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. Co. v. Botsford, 141 U.S. 250, 251 (1891): No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.. Connolly v. Bd. Anna also explains that Kate asked her not to donate her kidney because she was bored of being ill and expecting to die. This is part of the Massachusetts analysis of a childs best interests. Vocabulary Workshop test 13-15. 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. The Biblical solution; and 3. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. Kate has realized that Anna has been sacrificing a lot for her. This, however, does not affect their relationship with each other. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. The woman cries: Someone kidnapped my baby! Next, Annas character changes dramatically after the car accident. : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. Below is an explanation of the virtue ethics as a theory. 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. By Euthanasia in Belgium, CNN ( Sept. 17, 2016 ) http. Interests and welfare are closely tied to those of her novels, check out herWebsite what to., BBC News ( Dec. 12, 2013 ), http: //www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia, http //www.loc.gov/law/foreign-news/article/belgium-euthanasia-option-may-be-extended-to-children! Be contingent on their age, she develops as an individual away from her Sister invasive, have. A housemaid and a widow that is stuck on her own brothers were each other & # x27 s... J. Contemp chapters of her experience, her perspective on life changed is... 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