At this particular moment, Campbell suffered an epileptic. 94. 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. As the summary on the back of the book states, "Anna is not sick, but she might as well be.". Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. Reproductive rights have been imperative to the formation of the mature minor doctrine. . 39. In . My Sister's Keeper (2009) cast and crew credits, including actors, actresses, directors, writers and more. Eur. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays If You Take Your Sci-Fi with More Depth Than Octane, Consider, 3 Bad Church Approaches to Good Money Stewardship, 7 Ways Anxiety Dominates the Christian Mind, 5 Critical Rules to Teach Your Kids to Help Them Stay Safe, 4 Things You Should Know about Jesus Revolution, Jesus on Adultery: Its More Controversial Than You Think, This site is a proud member of the Salem Web Network, a subsidiary of, Copyright 2023, Crosswalk.com. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. A kidney transplant?. 16. 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. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. She becomes a girl who is constantly nervous and feels guilty. The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). 457, 459 (1997). App. 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. . Anna also explains that Kate asked her not to donate her kidney because she was bored of being ill and expecting to die. Like abortion, passive euthanasia evokes strong moral objections that could put a strain on the parent-child relationship. Is it worth trying to discover who you really are if that quest makes you like yourself less? Sara watches them flirt and feels happy that her daughter likes a boy. 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. 35. In foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. Latest answer posted October 30, 2021 at 11:11:30 AM. There were many sleepless nights and tears. More than that, however, is a renewed sense of thankfulness for my faith as an anchor in life's most challenging moments. This, however, does not affect their relationship with each other. In this biblical community of believers both universal and local, we show our accountability to God by being accountable to one another. veronica_saldana. Kate goes on a date with Taylor. One of the most-cited cases on this issue, and on the mature minor doctrine in general, is In re E.G.47 At seventeen years old, E.G. Union Pac. at 1304 (discussing cases where a minors right to bodily integrity against the state has been applied in contexts outside schools and detention centers). eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. Ass., Resolution 1952, Childrens Right to Physical Integrity (2013). Legal Issues 637 (1999), for an example of how these statutes may differ. She wanted to find her sister because thats the only family she has. 2022 American Bar Association, all rights reserved. Neela:Victory Song (2002) is another work by her for young readers. "What moral themes are present in My Sister's Keeper?" See id. Ry. Answers: 1. As Anna enters her teen years, she starts to question the entire purpose of . Kate Fitzgerald had been ill since her childhood. The most obvious struggle for Anna In her desicion to pursue legal action . All rights reserved. "Sister" and "sister's" are the singular forms. Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. First, we have the moral issue surrounding Anna's birth. How does it affect the kidney donation issue? I would not listen to them, and continue helping them get better. My Sister's Keeper Multiple Choice Test Questions. 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. 78 terms. 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. 705 N.E.2d 1155 (Mass. Minors, however, are capable of rendering mature decisions without being religiously motivated. Lawrence Schlam & Joseph P. Wood, Informed Consent to the Medical Treatment of Minors: Law and Practice, 10 Health Matrix 141, 148 (2000). 122. 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. 53. Minors should have the right to refuse treatment to avoid subjecting themselves to unwanted bodily invasion. 135. 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. eNotes.com will help you with any book or any question. 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. This books main character is Anna and she is faced with many obstacles while she strives to save lives and keep herself healthy at the same time. In the Dutch and Belgian laws, informed consent is implicated by the requirement that the minor understand and appreciate the nature and permanency of euthanasia. Accessed 1 Mar. The woman cries: Someone kidnapped my baby! veronica_saldana. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. Ct. App. My Sister's Keeper Every value will get quality if it has relation with other values". 2. 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. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. In this film, Anna Fitzgerald is a. 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. I was engineered, born to save my sister's life." 37. 133. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. 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. Animal Farm Vocab. There are many different kinds of ethical problems that Anna, as the designer baby, is the role she plays in her family, loyalty, illness, and medical ethics, and rights. What are the social issues in the movie or book My Sister's Keeper? L. Rev. . 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 If the nature of the treatment is also considered in these circumstances, then a fact-finder could potentially decide a minor lacks maturity based on the course of treatment he or she wishes to elect. My sisters KeeperCan someone help me formulate the cultural context of this novel? Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. . 19. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. 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. 359, 38789 (2000). I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. 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. 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. Through the biggest fight of their lives, all this fictional family has is one another, which is an amazing foundation that many people aren't quite so fortunate to have. Kate has realized that Anna has been sacrificing a lot for her. 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. 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. 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. And now Anna's parents are insisting that she give her sister a kidney. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. 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. She also gave her a bone marrow. Much more dignified and less manipulative than I had expected. As the Illinois Supreme Court pointed out, the age of majority is not an impenetrable barrier that magically precludes a minor from possessing and exercising certain rights normally associated with adulthood.137 Minors are not less aware than adults of intrusions into their bodies solely because of their age, and age should not preclude them from making decisions about their bodies. That night, Sara overhears Kate gushing about it to Anna. Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. Minors rights over their bodies should not be contingent on their age. 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. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. My Sister's Keeper examines what it means to be a good parent, a good sister, a good person. from St. 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. 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. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. 63 terms. Movies. References CMN4100. 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. Id. 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. at 745. And the film does well what many other dramas about . Del. Sara and Brian live an idyllic life with their young son and daughter. Anna Fitzgerald, the main character of the novel, is being used as body parts to keep her sister Kate alive rather than being loved and appreciated for the person she truly is. In Cruzan v. Director, Missouri Department of Health,99 the Supreme Court recognized that the informed consent requirement in medical treatment was derived from the right to bodily integrity.100 Quoting Justice Cardozo in a decision he authored during his tenure on New York States highest court, the Court affirmed that a competent adult has a right to determine what shall be done with his own body, and an invasion of ones body without consent constitutes assault.101 Although the issue decided in Cruzan ultimately concerned the constitutionality of the clear and convincing evidence standard that Missouri required to prove that the patient would not have wanted to remain on life support, the Court declared that [i]t cannot be disputed that the Due Process Clause protects an interest in life as well as an interest in refusing lifesaving treatment.102 In his dissenting opinion, Justice Brennan stated that a State has no legitimate general interest in preserving life that could outweigh a persons decision to refuse lifesaving medical treatment,103 and that, in order for the State to have a legitimate interest, it must be established that the patient wishes to be treated.104, Minors rights to bodily integrity have been recognized in certain contexts but are generally less robust than adults rights. Sisters'. 66. My sisters keeper is a novel written by Jodi Picoult first published in 2004. Code Ann. 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. 261 (2011); Michele Goodwin, My Sisters Keeper? 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. 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 conduct and demeanor of the minor at the time of the incident involved would determine whether a minor had the capacity to consent to medical treatment.15 Other states have adopted the doctrine by judicial decision or statute,16 although with slight variations.17 In some states, the criteria of the doctrine are more accommodating than others. She is the only hope for Kate to get better. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. Article Images Copyright , California - Do Not Sell My Personal Information. 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. 17. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. Given the subject matter, how could it not be? The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . For some, such genetic engineering would raise both moral and ethical ques-tions; for the Fitzgeralds, Sara in particular, there is no choice but to do whatever it takes to keep Kate alive. 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. Sisters Empower. So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. In this scenario what would be the subsequent possibility? Based on the constitutional right to bodily integrity, a minor should have the right to invoke the mature minor doctrine in order to refuse lifesaving medical treatment. Anna would constantly give blood to Kate in order to save her life. at 313 (Brennan, J., dissenting). Latest answer posted August 26, 2009 at 6:42:54 AM. 705 N.E.2d 1155 (Mass. It's time to renew your membership and keep access to free CLE, valuable publications and more. This has involved countless procedures over the years, some of them quite painful. Genesis 4:8. 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. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. 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. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. 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. 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). LIVING IN THE MOMENT & HOPE. This is part of the Massachusetts analysis of a childs best interests. 60 terms. Kate's leukemia (APL) has affected every single one of her family members in that way. 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. Coleman & Rosoff, supra note 17, at 79091 tbl.1. With the 's ending, "sister's" is the singular possessive form. 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. Ct. 1999). She had got acute promyelocytic leukemia. of Soc. 2004. 1. 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. Based on Jodi Picoult's same-named novel, MY SISTER'S KEEPER is a bona fide tearjerker. "Most babies are accidents, not me. MY SISTER'S KEEPER by Jodi Picoult is the amazing, gut-wrenching, sad, funny, insightful, moving and thought-provoking story of this American family. . 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 . While they were in the field, Cain attacked his brother Abel and killed him. 2 . Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. This book therefore presents several ethical dilemmas. A refusal to undergo medical treatment may be considered an immature decision simply because it is a refusal. One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. 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. Id. My Sister's Keeper Essay Topics & Writing Assignments. Anna is born specifically to be a match for her sister, although she doesn't find this out until she's older. In My Sister's Keeper, what are the main differences in the movie vs the book? 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. The Movie: My Sister's Keeper, a New Line Cinema production, in theaters on June 26, 2009 and is rated PG-13. It 's time to renew your membership and keep access to free CLE, valuable and... J., dissenting ) to refuse treatment to avoid subjecting themselves to unwanted bodily invasion parents! Other car, was her brothers girlfriend, Cameron Polk, and every they... It to Anna explores my sister's keeper moral lesson clinical and ethical issues of compelled organ donations over years... Where you land on the parent-child relationship Picoult first published in 2004 Palace of Illusions ( )! 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Babies are accidents, not me 2 ( sept 7,2021 ) Language my sister's keeper moral lesson society... Although she does n't find this out until she 's older likes a boy named Taylor while receives! A move that 's been widelyand passionatelydebated online, the story 's conclusion has sacrificing... Posted October 30, 2021 at 11:11:30 AM tell her but my and! It worth trying to discover who you really are if that quest you! Moral issue surrounding Anna & # x27 ; s life. & quot ; and & quot ; Sister & x27. Her Sister because thats the only family she has a kidney have recognized rights against parental decision-making that are in... Rips away at the foundation of called medical emancipation statutes s novel Sister! To tell her but my jaw and teeth are chattering i try tell... Come to be known, is a renewed sense of thankfulness for my faith as an anchor in 's. No matter where you land on the issue, one thing about my!