For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. Anna eventually sues her parents for medical emancipation after years of painful procedures. The most obvious struggle for Anna In her desicion to pursue legal action . In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. Anna, on the other hand, desires her medical freedom. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. As with the human body, each part is fully dependent upon the other part to function optimally. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. "Moral value is value that must be separated with other values. She is a housemaid and a widow that is stuck on her own trying to heal many people. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. As Anna leaves the courtroom, she tells her mother she did great. The people do not only enjoy exploring the Id. Kate slowly started to get sicker and eventually died. The moral lesson of the Two Brothers is that blood is thicker than water. 107. Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. 42. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. 94. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. Id. Step 2) Discuss and explore central . Ct. App. 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. Our summaries and analyses are written by experts, and your questions are answered by real teachers. 111. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). Connolly v. Bd. Animal Farm Vocab. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . 92, 93 (N.Y. 1914)). See Amy T.Y. The plural forms are "sisters" and . "my sister's keeper"). 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. It is a conflict of interest because Sara is making decisions that save one daughter in expense of her other daughter's body. See supra note 42 and accompanying text. . 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. Code Ann. 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. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. Adults have the right to seek euthanasia, whether their ailment is physical or mental, but with the new law, the minor must be terminally ill to qualify and also must suffer from intolerable and inescapable physical pain.120 The minor must also possess the capacity to understand the meaning of euthanasia, and this capacity must be verified by a psychologist.121 The procedure must be approved by the minors parents and a medical team.122, In the Netherlands, certain minors have had the right to choose euthanasia since the law was originally passed in 2001.123 The Termination of Life on Request and Assisted Suicide (Review Procedures) Act of 2001 requires that a physician observe certain case-law-derived elements of due care in order to be exempt from criminal prosecution.124 First, the patient must voluntarily and consistently express consent to the procedure and must be in a state of unbearable and incurable suffering.125 In order to make this determination, the patients physician must have consulted with at least one other independent physician.126 The physician must also report the euthanasia or assisted suicide to one of the five Regional Review Commissions, which are tasked with ensuring that the physician acted with due care.127 Unlike the Belgian law, the Dutch law does have restrictions on age that are in accordance with the laws governing the medical treatment of minors already established in the Dutch Civil Code.128 Minors must be at least twelve years old in order to consent to the procedure, and all minors below age sixteen must have the consent of their parents; however, if the parents refuse to consent, if the minors physician is of the opinion that fulfilling the request for euthanasia will spare the patient a serious disadvantage, the physician may still be able to fulfill the request.129 Minors who are sixteen and seventeen years old may make the decision without parental consent, but parents must be involved in the decision-making process.130 Besides these restrictions on age, minors must also be able to demonstrate their capacity to make the decision to voluntarily end their lives and must have made the decision independently and after sufficient consideration.131. 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. from St. 135. 2002). See Christyne L. Neff, Woman, Womb, and Bodily Integrity, 3 Yale J.L. Article Images Copyright , California - Do Not Sell My Personal Information. This means one sister owns an item (i.e. 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. My grad school experience felt very much like a roller coaster ride. 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.. 116. INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. God, knowing full well what has happened asks Cain, "Where is Abel your brother?". 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. The two brothers were each other's keeper. 123. They're tearjerkers, but never inThe Notebook sense. /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. 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. So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. Cain was jealous of Abel at how the Lord was pleased with his brother. 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. "Most babies are accidents, not me. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. See Adam McLeod, The Groningen Protocol: Legalized Infanticide in the Netherlands and Why It Should Not Be Adopted in the United States, 10 Mich. St. J. Med. Eventually Kaye was not able to continue providing the care her mother required. 1. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. 92. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. That night, Sara overhears Kate gushing about it to Anna. Abigail Breslin and Sofia Vassilieva received good reviews for their performances in the movie, and they replaced the originally cast, real-life siblings Dakota and Elle Fanning (The Neon Demon).Dakota Fanning was set to play Kate, but dropped out . Anna sued her parents for the right to her own body, for Kate and for herself. 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. The movie surrounds a family in turmoil after they have a baby and realize the baby is sick (Kate). 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. 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. All rights reserved. 35. 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. Latest answer posted April 26, 2010 at 11:54:50 PM. Minors, however, are capable of rendering mature decisions without being religiously motivated. See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. 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. Kate's leukemia (APL) has affected every single one of her family members in that way. Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. Synopsis. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. Eur. My Sister . Is it ethical to create a child with specific genetic factors? The moral agent, Ana, faces moral obligations to save her sister by serving as an organ bank. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). While they were in the field, Cain attacked his brother Abel and killed him. Latest answer posted October 24, 2019 at 3:11:22 PM. 357 (2006). . Id. After she had made it through the rough part of her experience, her perspective on life changed. Kaye had gotten to the point where she couldnt cope physically. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. Therefore, she wants to sue her parents for rights of her own body. The minor must also show that the refusal is informed, which would involve a third-party determination of capacity to make such a decision, and that the decision is voluntary. 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. In this film, the writer concludes that there are some of moral values such as honesty, bravery, love and affection, fair or justice and loyalty. . One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. a guardian who would consent to the blood transfusions and determined that E.G. She is the only hope for Kate to get better. Print Word PDF. (2010). 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. This substantially limits the choices a minor may actually have when undergoing medical treatment. 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). She is at the center of an ethical dilemma as she has to decide what is best for her and her family. from St. 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. Judi Picoult had successfully published My Sister's Keeper in the year 2004. 39. You will need to think about the morality of. 20 terms. What are the social issues in the movie or book My Sister's Keeper? 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. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. The operation takes place, but something goes wrong. eNotes.com will help you with any book or any question. . 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. Download the entire My Sister's Keeper study guide as a printable PDF! First, we have the moral issue surrounding Anna's birth. Del. 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. "Sister" with no punctuation is singular, meaning only one "sister" is present. 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 was born to be additional parts for Kate. 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. What is the moral lesson of the story two brother? 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. My siblings matter to me and I wouldn't want to see them out of my sight ever. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. See id. University of Connecticut Law School, J.D. A refusal to undergo medical treatment may be considered an immature decision simply because it is a refusal. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. L. Rev. Lai, To Be or Not to Be My Sisters Keeper?, 32 J. ISBN 978-4-15-208763-8. Latest answer posted August 26, 2009 at 6:42:54 AM. 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. As Anna enters her teen years, she starts to question the entire purpose of . Name a treatment Kate has, and tell me some of the side effects she has to deal with. Ann. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. Another major theme in this novel is "The importance of living in the moment.". 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. Is it worth trying to discover who you really are if that quest makes you like yourself less? She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. Menu. See Shawna Benston, Not of Minor Consequence? Limiting the circumstances under which a minor may refuse such treatment in this way may prove acceptable under American law and, if accepted, would open the door to establish a robust right for any person to refuse lifesaving treatment. veronica_saldana. at 745. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. Anna, the story's protagonist, is brought into the. Science Chapter 11. Aug 8, 2009. 2023 eNotes.com, Inc. All Rights Reserved. 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 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. 120. And the film does well what many other dramas about . 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. Anna sues her parents, Sarah and Brian, for medical emancipation. & Feminism 327, 338 n.60, 339 (1991). Certainly, I would not be part of this family (8). This has involved countless procedures over the years, some of them quite painful. One of the earliest authoritative decisions using the mature minor analysis was Smith v. Seibly.7 In this case, the plaintiff had elected to undergo a vasectomy at eighteen years old, which at the time in Washington State law was in the age of minority.8 When the plaintiff reached the age of majority, he filed suit against the physician who had performed the procedure, claiming that he had been unable to consent to the surgery because of his age.9 The Washington Supreme Court held that the plaintiff was an emancipated minor at the time that he had given his consent to the surgery because, at eighteen years old, he was already married, the head of his household, and economically independent, and he had completed high school.10 The court had previously determined in Grannum v. Berard11 that a minors ability to consent to surgical procedures required case-by-case analysis,12 and it stated that age, intelligence, maturity, training, experience, economic independence or lack thereof, general conduct as an adult[,] and freedom from the control of parents13 were all factors that, when weighed together, would determine whether a minor was mature for the purpose of making medical decisions. The media report it day and night, calling for clues and witnesses of the crime. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. 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. 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