Every value will get quality if it has relation with other values". 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. Anna sues her parents, Sarah and Brian, for medical emancipation. 2022 American Bar Association, all rights reserved. Health L. Rev. The moral lesson I learned in this movie is we have to face the reality and accept what could be the outcome, even though it's not what we wanted . 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. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. My siblings matter to me and I wouldn't want to see them out of my sight ever. 26. 1981). Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. cheyennebatista. 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. 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. 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 . One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. As with the human body, each part is fully dependent upon the other part to function optimally. Sara and Brian live an idyllic life with their young son and daughter. 63 terms. Name a treatment Kate has, and tell me some of the side effects she has to deal with. 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. Sample topic sentence: In Jodi Picoult's book, My Sister's Keeper, Anna's relationship with her sister, Kate, is very similar to my . Legal Issues 637 (1999), for an example of how these statutes may differ. Aug 8, 2009. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. 2004. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. See id. An Ethical Theme Of Genetic Engineering In The Movie My Sister's Keeper: [Essay Example], 557 words GradesFixer. 115. Ry. Judi Picoult had successfully published My Sister's Keeper in the year 2004. In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. A kidney transplant?. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. 17. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. 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. She also gave her a bone marrow. Summary Read our full plot summary and analysis of My Sister's Keeper, scene by scene break-downs, and more. 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. Sure, the time-honored truth about the frailty of life certainly springs to mind. It is a conflict of interest because Sara is making decisions that save one daughter in expense of her other daughter's body. 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. See supra note 42 and accompanying text. This substantially limits the choices a minor may actually have when undergoing medical treatment. 118. 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. 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. What is the moral lesson of the story two brother? Eur. Doriane Lambelet Coleman & Philip M. Rosoff, The Legal Authority of Mature Minors to Consent to General Medical Treatment, 131 Pediatrics 786, 79091 tbl.1 (2013). 457, 459 (1997). And now Anna's parents are insisting that she give her sister a kidney. What is the theme. Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. Lai, To Be or Not to Be My Sisters Keeper?, 32 J. The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. [ ] . Asked by Shakya H #926861. Anna believes that her only role is to be a donor for Kate. All rights reserved. 65. 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. 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. 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. Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. My Sister's Keeper. 23 terms. Our summaries and analyses are written by experts, and your questions are answered by real teachers. She had got acute promyelocytic leukemia. 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 Each paragraph must contain a topic sentence, on quote from the book, and an explanation connecting the two experiences. Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. Certainly, I would not be part of this family (8). 60 terms. This book therefore presents several ethical dilemmas. 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. And her best work, like the 2004 bestseller My Sister's Keeper, also poses timely ethical questions that ultimately leave the reader with plenty of food for thought. Download the entire My Sister's Keeper study guide as a printable PDF! 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. Coleman & Rosoff, supra note 17, at 79091 tbl.1. In the past, several of Picoult's novels have been adapted for the small screen, namely for slightly cheesy Lifetime movies, and the subject matter has generally had "made for TV" written all over it. 20 terms. The operation takes place, but something goes wrong. By limiting the euthanasia laws to minors whose ailments are incurable, who are terminally ill, and who are in a state of unbearable physical suffering, Dutch and Belgian legislatures implicate a standard of the minors best interests. My Sister's Keeper. : Law, Children, and Compelled Donation, 29 W. New Eng. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. Answers: 1. Gramtical Competence -the acquisition of phonological rulesw,morphological words,syntactic rules,semantic rules and lexixal items Sociolinguistic Competence -the learning of pragmatic aspect of various speech acts,namely,the cultural values, norms, and other . She eventually won the case and didn't have to give Kate the kidney. 123. 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. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . Do you think it would work? I asked. She is at the center of an ethical dilemma as she has to decide what is best for her and her family. 78 terms. 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"? App. 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. 20069 . 2 . Anna, the story's protagonist, is brought into the. Massachusetts and Oregon were introduced to the issue of a minor refusing lifesaving treatment in the context of religious freedom in In re Rena53 and In re Connor.54 Massachusetts best interests standard takes into consideration a minors expressed religious preferences as part of its balancing test,55 and, in In re Rena, the Massachusetts Appeals Court found that the lower court had erred in ordering the petitioner to receive the blood transfusions without weighing her religious objections as a component of the mature minor doctrine.56 However, the respondent-minor had turned eighteen by the time this issue reached the appellate court, and it vacated the final order because the issue had become moot,57 thereby declining to hold definitively whether the respondent-minor was a mature minor or whether her constitutional rights had been violated. Minors rights over their bodies should not be contingent on their age. . Meanwhile, the. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. L. Rev. Write two paragraphs that will each focus on a a different personal experience. Being dishonest with themselves and dishonest with their children is a conflict. 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. 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? 90-21.8(e)(2) (West 2017). 19. 34. 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 Connecticut Supreme Courts reasoning underlines the problem inherent in a childs medical treatment: No matter how close to the age of majority, minors have no articulated rights to make decisions concerning their bodies. 35. 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. Minors should have the right to refuse treatment to avoid subjecting themselves to unwanted bodily invasion. Casey is considered the case that fixed the legal recognition of abortion rights. Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. First, we have the moral issue surrounding Anna's birth. Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. 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 . Mysticism and magic is explored in her series for children The Brotherhood of the Conch The Conch Bearer (2003), The Mirror of Fire and Dreaming (2005) and Shadowland (2009). 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 . Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. In this scenario what would be the subsequent possibility? B.A. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. 103. Once Anna reaches a certain age, she realizes what has been happening to her and refuses to go through with anything else by suing her mother. This would give the court a disinterested partys opinion of that capacity, which is necessary in proceedings that have the potential to be highly charged and emotional. 13. 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. 3. 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. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. . TV Shows. Why we resist accountability; look at 2. 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. at 313 (Brennan, J., dissenting). Id. Mother forces Anna to donate her kidney Mother allows Anna to decide if she wants to donate her Kidney Gives her kidney to Kate Doesn't give her kidney to Kate My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. University of Connecticut Law School, J.D. Key words: Moral Value, Good impact, My Sister's Keeper I. 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. It's time to renew your membership and keep access to free CLE, valuable publications and more. 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. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). . 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. My Sisters Keeper?, 32 J successfully published My Sister & # x27 ; s novel Sister. Sister a kidney 637 ( 1999 ), for an example of how these statutes may differ 1999,! Of how these statutes may differ to not want Anna to give up kidney! About the frailty of life certainly springs to mind my sister's keeper moral lesson sue her for. Is brought into the parents for medical emancipation be part of this (... Are insisting that she give her Sister a kidney to save Kate Ill.. 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