eNotes.com will help you with any book or any question. Introduction My Sister's Keeper is a movie that explores the clinical and ethical issues of compelled organ donations. 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. See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. LIVING IN THE MOMENT & HOPE. Based in St. Paul, Minn., she also weighs in on various aspects of pop culture on her personal blog. In . 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. 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. She wants to have a say in how her body is being used, and she sues her parents for medical emancipation. See supra note 42 and accompanying text. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. from Franciscan University of Steubenville M.A. 135. This gives the idea that Annas best interests and welfare are closely tied to those of her family, who. 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. 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. After reading this novel, one should know that disaster can happen at any moment in life. 357 (2006). 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. 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. 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). Anna also explains that Kate asked her not to donate her kidney because she was bored of being ill and expecting to die. 2018; judicial law clerk, Mashantucket Pequot Tribal Nation, Mashantucket, Connecticut; admitted to practice in Connecticut and the Mashantucket Pequot Tribal Nation. 26. Second, there is a strong moral theme regarding the morality (or lack thereof) of Anna's parents continuously using Anna's body as a resource for Kate. This new novel is by far her best achievement and a leap forward in her literary oeuvre. 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 . 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. Asked by Isabel B #907456. 133. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . 92, 93 (N.Y. 1914)). Kate has realized that Anna has been sacrificing a lot for her. Key words: Moral Value, Good impact, My Sister's Keeper I. 21. Picoult uses the story of Anna and her sister Kate, who has been diagnosed with leukemia, to explore various moral issues. Answers: 1. 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. But no matter where you land on the issue, one thing about watching My Sister's Keeper really stuck with me. References CMN4100. With our Essay Lab, you can create a customized outline within seconds to get started on your essay right away. 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. dominant kinds of moral values found in the film My Sister's Keeper by Nick Cassavetes is Bravery. 20. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. 118. 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. 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. . Jodi Picoult 's novel My Sister's Keeper explores several different moral issues. 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. 94. Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. Anna sues her parents, Sarah and Brian, for medical emancipation. 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. What is the theme. She is the only hope for Kate to get better. My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. 261 (2011); Michele Goodwin, My Sisters Keeper? 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. Is it ethical to create a child with specific genetic factors? This set of Lesson Plans consists of approximately 104 pages of tests, essay questions, lessons, and other teaching materials. Given the subject matter, how could it not be? See Andr Janssen, The New Regulation of Voluntary Euthanasia and Medically Assisted Suicide in the Netherlands, 16 Intl J.L., Poly & Family 260 (2002). 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. The operation takes place, but something goes wrong. Release Calendar Top 250 Movies Most Popular Movies Browse Movies by Genre Top Box Office Showtimes & Tickets Movie News India Movie Spotlight. 5. Parl. The messages of this film highlight the importance of understanding the several dimensions of hardships and struggles, beyond illness and disease that patients must undergo. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. Please explain the quote, "You don't love someone because they're perfect. Let's examine 1. And she never wants to talk about Cameron because she feels as if it was her own fault that Cameron died. 78 terms. Latest answer posted October 30, 2021 at 11:11:30 AM. She wanted to find her sister because thats the only family she has. This, however, does not affect their relationship with each other. 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. against her mother, relying on the dire circumstances that lack of medical treatment would create.49 The appellate court reversed the trials courts order to appoint E.G. This means one sister owns an item (i.e. 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. 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. Synopsis. 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. Sara believes that the social, emotional and psychological best interests of a person depend upon the happiness in the family in which they grow up in. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. 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 . University of Connecticut Law School, J.D. Menu. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. 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. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. Anna would constantly give blood to Kate in order to save her life. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. Legal Med. In ''My Sister's Keeper'', author Jodi Picoult explores the ethics and morality of having one sibling do something against their wishes in hopes of providing a better future for the other. My Sister's Keeper Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. Kate's leukemia (APL) has affected every single one of her family members in that way. 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. Director Nick Cassavetes has coaxed amazing performances from his first-rate cast, including Diaz, who surprises with the strength of her rage and melancholy as a mother determined not to see her child die. cheyennebatista. 63 terms. In Florida, the court uses the following factors to determine whether notifying a parent that his or her minor child is seeking an abortion is in her best interests: the minors emotional or physical needs; the possibility of intimidation, other emotional injury, or physical danger to the minor; the stability of the minors home and the possibility that notification would cause serious and lasting harm to the family structure; the relationship between the parents and the minor and the effect of notification on that relationship; and the possibility that notification may lead the parents to withdraw emotional and financial support from the minor.25. 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, in order to keep her alive. Being dishonest with themselves and dishonest with their children is a conflict. 28. . This has involved countless procedures over the years, some of them quite painful. 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. from St. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. She becomes a girl who is constantly nervous and feels guilty. 92. 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. Sisters'. of Soc. While they were in the field, Cain attacked his brother Abel and killed him. at 313 (Brennan, J., dissenting). With Dad busy at work as a firefighter and all of Sara's attention focused on Kate, Jesse comes and goes as he pleases, hanging out in a seedy part of Hollywood to pass the timeall without his parents being the wiser. 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. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. Anna and her Sister because thats the only hope for Kate to get better different. 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