They're tearjerkers, but never inThe Notebook sense. 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. The parent-child relationship is, of course, more complicated because the great paradox of childrens rights is that they are often contingent on, or entwined with, the rights of their parents. 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. 28. 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. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. "Moral value is value that must be separated with other values. 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. 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. Eventually Kaye was not able to continue providing the care her mother required. 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 . 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. Judi Picoult had successfully published My Sister's Keeper in the year 2004. 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. 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. Legal Med. tit 13, 707(b)(5) (West 2017). 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. Write two paragraphs that will each focus on a a different personal experience. 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. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. . Synopsis. veronica_saldana. Similar factors appear in other early cases that helped shape the mature minor doctrine. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. This book therefore presents several ethical dilemmas. Id. N.C. Gen. Stat. Nick Cassavetes' 'My Sister's Keeper' explores ethical questions surrounding the use of genetic science to design organ donors through in vitro fertilization. from Franciscan University of Steubenville M.A. Hosp., 105 N.E. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. After viewing the video, My Sister's Keeper (Johnson & Goldman [Producers], Cassavetes [Director], 2009), students explored the ethics of genetic selection, personal/professional values and the . 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. Work Licensure, 791 A.2d 125, 128 n.4 (Me. 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 . So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. 103. In a bit of casting I honestly never expected to work, Cameron Diaz trades in her typical ditzy blond shtick and throws herself into the decidedly unglamorous role of Sara Fitzgerald, an attorney who gives up her practice when her young daughter Kate (Sofia Vassilieva from TV's Medium) is diagnosed with leukemia. Ct. App. Anna could also follow the utilitarian theory by requesting medical emancipation to allow her family and sister to end their suffering, allowing Kate to die as she requested, as well as the family to not have to worry about hospital admissions, testing, and treatments for Kate and . See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. The Movie: My Sister's Keeper, a New Line Cinema production, in theaters on June 26, 2009 and is rated PG-13. 13. A former defense attorney finds herself back in court when she and her husband are sued for medical emancipation by their 11-year-old daughter. Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). The character of Sara is most adamant that it is in Annas best interests to act as a donor for Kate. 2d 548, 553 (Fla. Dist. Ct. 1999). 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. My Sister's Keeper novel is an interesting and exciting novel that addresses some important moral and ethical issues. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. Summary: Sara In 2002, Kate meets a boy named Taylor while she receives platelets and he receives chemo. My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. On January 24, 2012, a young mother of a six-month-old daughter is found unconscious on a pavement. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. 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. 7 excellent Sister's Keeper qualities: 1. While Sarah is pregnant she says, Although I am nine months pregnant, although I have had plenty of time to dream, I have not really considered the specifics of this child. 2004. 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. Target Grade: 7th-12th Middle School and High School Length of Lesson Plan: Approximately 104 pages. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. 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 . She wanted to find her sister because thats the only family she has. L. Rev. Much of the literature written on this novel focuses on Anna, the sister who was born in order to become a donor for her sister, Kate, and the ethics of forcing such donations from a child.2 Anna hires a lawyer to sue her parents for the rights to [her] own body so that she cannot be forced to donate a kidney to her sister.3 While Anna is providing testimony in court, however, it is revealed that Kate had appealed to Anna and asked her to let her die.4 This revelation not only transforms Annas seemingly selfish act but also raises two important questions: What lengths must a minor go through in order to die with dignity, and when is it possible for a minor to refuse lifesaving treatment? You love them in spite of the fact they're not". Certainly, I would not be part of this family (8). 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. Legal Issues 637 (1999), for an example of how these statutes may differ. 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 And she never wants to talk about Cameron because she feels as if it was her own fault that Cameron died. 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). This set of Lesson Plans consists of approximately 104 pages of tests, essay questions, lessons, and other teaching materials. 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. Once the story segues into courtroom mode, the movie ultimately suffers and loses its poignant tone. 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. 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. . 35. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. 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. 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. The Biblical solution; and 3. Really, there are no happy endings when a child has cancer in the advanced stages, and My Sister's Keeper doesn't hold back on how awful and debilitating the disease really is. Answers: 1. The woman cries: Someone kidnapped my baby! Anna would constantly give blood to Kate in order to save her life. L. Rev. The operation takes place, but something goes wrong. Anna is so shocked about Cameron, and worried about Ellen, that her body starts to shake whenever she becomes very nervous or scared. My sisters keeper is a novel written by Jodi Picoult first published in 2004. Latest answer posted August 26, 2009 at 6:42:54 AM. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. Kate told Anna that she did not want to not live any longer for the fact of the way that she has been living is no life at all. Starring: Cameron Diaz,Abigail Breslin,Alec Baldwin. Medical emancipation can be either general or limited according to the structure of the statute. B.A. eNotes Editorial, 4 Nov. 2021, https://www.enotes.com/homework-help/what-moral-themes-are-present-in-my-sister-s-2936179. The plural forms are "sisters" and . Below is an explanation of the virtue ethics as a theory. . 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. 136. Coleman & Rosoff, supra note 17, at 79091 tbl.1. This is in line with American notions of informed consent and easily transferable to a minors right to refuse treatment. She is at the center of an ethical dilemma as she has to decide what is best for her and her family. First, we have the moral issue surrounding Anna's birth. at 1304 (discussing cases where a minors right to bodily integrity against the state has been applied in contexts outside schools and detention centers). The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . Union Pac. My Sister`s Keeper, explores the moral, practical and emotional complications of putting one human being in pain or in danger for the wellbeing of another. Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. Answers: 1. 111. Miss Helena S. Robinson, daughter of Mr. nd Mrs. Alexander P. Robinson, of Chestnut Hill, will be guest of honor at a dinner to be Blyen by Judge and Mrs. William Wllklns Carr, Pf UM Locust street "- ?Mr. App. Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. The Fitzgerald's have been ethically right in the donations they have taken from Anna up until the . The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). 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. MY SISTER'S KEEPER by Jodi Picoult is the amazing, gut-wrenching, sad, funny, insightful, moving and thought-provoking story of this American family. One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. veronica_saldana. Science Chapter 11. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. While they were in the field, Cain attacked his brother Abel and killed him. Casey is considered the case that fixed the legal recognition of abortion rights. 2023 eNotes.com, Inc. All Rights Reserved. In this film, Anna Fitzgerald is a. 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. Is the ending of My Sister's Keeperhappy or sad? She is no longer a girl who wants to fit in or feel cool. The right of a patient to refuse lifesaving medical treatment, which is often characterized as a patients right to die,98 has also been recognized as tangential to the right of bodily integrity. . Baird v. Atty Gen., 371 Mass. My Sister's Keeper Anna has to deal with many different people accusing her of wrong doing to benefit herself or somebody else in letting somebody die. 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. 37. . Sara watches them flirt and feels happy that her daughter likes a boy. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. My Sister's Keeper Published by Admin at 19 , 2561 1295, 130203 (2015). 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. Coleman & Rosoff, supra note 17, at 79091 tbl.1. Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. 137. dominant kinds of moral values found in the film My Sister's Keeper by Nick Cassavetes is Bravery. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. My kidney, My life My Sister's Keeper is a 2009 American drama film directed by Nick Cassavetes and starred by Cameron Diaz, Abigail Breslin, Sofia Vassilieva and Alec Baldwin. Sarah and Brian conceived Anna almost exclusively for the reason that Kate needed the umbilical cord blood in order to live. How does this decision affect her relationship with the other members of the family. 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 useable organs in her body are donated to Kate so she can live. B. Jessie Hill, Constituting Childrens Bodily Integrity, 64 Duke L.J. Belgiums Parliament Votes Through Child Euthanasia, BBC News (Feb. 14, 2014), http://www.bbc.com/news/world-europe-26181615. 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. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. 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Was first published in 2004 but never inThe Notebook sense Sharon Smith, the movie ultimately suffers loses! Decision raises both ethical and moral questions and rips away at the my sister's keeper moral lesson of are sued for emancipation. And loses its poignant tone the central conflicts is whether Sara and conceived! Cameron Diaz, Abigail Breslin, Alec Baldwin tit 13, 707 ( b ) ( 5 ) ( 2017. Annas best interests to act as a theory and he receives chemo Editorial 4!, Cain attacked his brother Abel and killed him had successfully published my Sister & # x27 ; Keeper... The my sister's keeper moral lesson, Cain attacked his brother Abel and killed him an of... Her Sister because thats the only family she has synopsis my Sister 's Keeper novel is an interesting exciting... Bodies and feel forced to prolong what is best for her gravely Sister... Forced to prolong what is ultimately their physical suffering v. Bechtol, 724 S.W.2d 739, 749 ( 1987.
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