Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. Ct. 1999). The movie My sisters keeper is about 13 year-old Anna, who sues her parents for medical emancipation when she is expected to donate a kidney to her sister Kate, who has leukemia. 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. Migration and population study guide. 106. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . 101. What words would describe Kate from My Sister's Keeper? Another major theme in this novel is "The importance of living in the moment.". Below is an explanation of the virtue ethics as a theory. 7 excellent Sister's Keeper qualities: 1. 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. ETHICAL DILEMMAS IN MY SISTERS KEEPER. 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. Latest answer posted October 30, 2021 at 11:11:30 AM. 135. LIVING IN THE MOMENT & HOPE. My Sister's Keeper Essay Topics & Writing Assignments. Sisters Empower. "my sister's keeper"). 21. a guardian who would consent to the blood transfusions and determined that E.G. Whereas the medical world is riddled with moral quandaries, organ donations and transplantation constitute two of the industry's most outstanding and complicated problems. eNotes.com will help you with any book or any question. 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. 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. 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. "My Sister's Keeper" is an immediate audience-grabber, as we learn that an 11-year-old girl was genetically designed as a source of spare parts for her dying 16-year-old sister. Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. While Massachusetts may be progressive in that it makes the mature minor doctrine applicable to procedures outside of those relating to reproductive rights, the type of treatment a minor seeks could inform a courts decision, implying that even if a minor meets all other criteria and is deemed mature in all other respects, the type of treatment chosen (or refused) can influence the courts decision. It's phrase that comes Genesis 4:9, Cain had just murdered his brother Abel out of a jealousy to be God's favourite. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. See supra note 42 and accompanying text. was a devout member of the Jehovahs Witnesses who wanted to refuse lifesaving blood transfusions meant to treat her acute nonlymphatic leukemia.48 The State of Illinois filed neglect petitions on behalf of E.G. 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. Latest answer posted October 22, 2010 at 3:25:56 AM. See Christyne L. Neff, Woman, Womb, and Bodily Integrity, 3 Yale J.L. The court was asked to consider statements that a patient in a persistent vegetative state had made prior to a life-threatening accident, which occurred when he was seventeen-and-a-half years old.60 Coincidentally, the patient had a tangential connection to the case controlling this decision, In re Gardner,61 and in light of the publicity surrounding it, had made a statement to his mother that, were he to become comatose, he would want his mother to let [him] go to sleep.62 While accompanying his brother on a hospital visit for a comatose friend, the patient again made similar remarks, stating, I dont ever want to get like that . 4. tracyt. References CMN4100. The shaking. Genesis 4:8. Jodi Picoult, My Sisters Keeper 38990 (2004). SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. Chandrika Narayan, First Child Dies by Euthanasia in Belgium, CNN (Sept. 17, 2016), http://www.cnn.com/2016/09/17/health/belgium-minor-euthanasia/index.html. Latest answer posted April 26, 2010 at 11:54:50 PM. 42. 2008). 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. 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. Is the ending of My Sister's Keeperhappy or sad? 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. 23 terms. 2d 548, 553 (Fla. Dist. She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. 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. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. Asked by Shakya H #926861. 28. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. Id. As the summary on the back of the book states, "Anna is not sick, but she might as well be.". She becomes a girl who is constantly nervous and feels guilty. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. How does it affect the kidney donation issue? Therefore, she wants to sue her parents for rights of her own body. A refusal to undergo medical treatment may be considered an immature decision simply because it is a refusal. my sister's keeper moral issues Category: Business Paper Type: Homework Reference: APA Words: 1500 Ethical Issues in the Movie "My Sister's Keeper" There are following ethical issues in the in the movie The ethics of Breeding The ethical issue of breeding Anna as a Donor for Kate 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. Nicolas Boring, Belgium: Removal of Age Restriction for Euthanasia, Global Legal Monitor (Mar. My Sister's Keeper. She is a housemaid and a widow that is stuck on her own trying to heal many people. Anna would constantly give blood to Kate in order to save her life. 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. She wanted to find her sister because thats the only family she has. Radhika Rao, Property, Privacy, and the Human Body, 80 B.U. 123. Is it morally correct to do whatever it takes to save a child's life? : Medical Decision-Making Autonomy and the Mature Minor Doctrine, 13 Ind. See Sharon Smith, The Medical Emancipation of Minors: A California History, 11 J. Contemp. As with the human body, each part is fully dependent upon the other part to function optimally. My siblings matter to me and I wouldn't want to see them out of my sight ever. veronica_saldana. Hosp., 105 N.E. Baird v. Atty Gen., 371 Mass. In jurisdictions where the mature minor doctrine can be invoked in all medical decision-making, an analysis of the minors best interests includes a greater variety of criteria. . L. Rev. 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. I would want somebody to let me leaveto go in peace.63 The court failed to find a reason that the patients pre-comatose statements should be disregarded, determining that the patients age did not detract from the principle in Gardner64 that when an individual has clearly and convincingly in advance of his treatment expressed his decision not to be maintained by life-sustaining procedure in a persistent vegetative state, health care professionals must respect that decision.65 The Maine Supreme Court has noted that the mature minor doctrine has only been applied to this exceptional circumstance,66 suggesting that the doctrine may not be applicable in other areas involving medical decisions. 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. 19. Article Images Copyright , California - Do Not Sell My Personal Information. Meanwhile, the girls' older brother Jesse (Evan Ellingson) has almost been forgotten in all the drama. 65. 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 . 103. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. Minors who are terminally ill may feel trapped in their bodies and feel forced to prolong what is ultimately their physical suffering. This has involved countless procedures over the years, some of them quite painful. Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. Arguably, a minors right to refuse lifesaving treatment is grounded in his or her right to bodily integrity. & L. 557 (2006). In certain contexts, this right is one that has already been recognized, but overall, is in need of expansion. 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. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. 2023. Who are the experts?Our certified Educators are real professors, teachers, and scholars who use their academic expertise to tackle your toughest questions. Ct. App. 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 . App. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. 36. This new novel is by far her best achievement and a leap forward in her literary oeuvre. The movie surrounds a family in turmoil after they have a baby and realize the baby is sick (Kate). 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. 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. 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. 76. 261 (2011); Michele Goodwin, My Sisters Keeper? It seems, then, that the informed consent requirement of the mature minor doctrine is circular in its reasoning: A minor-patient must demonstrate that he or she is a mature minor by proving an ability to give informed consent but must demonstrate a certain level of maturity to prove capacity to make informed decisions about medical treatment. 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. Kaye had gotten to the point where she couldnt cope physically. 2 . 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 . For those concerned about the integrity of the story, however, it's difficult for a casual Picoult fan like myself to decide if the new ending really makes that dramatic of a difference, considering how truly sad the story is in the first place. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. Menu. 137. Book Club Discussion Questions for My Sister's Keeper by Jodi Picoult. Aug 8, 2009. One of the central conflicts is whether Sara and Brian should require Anna to give up a kidney to save Kate. Coleman & Rosoff, supra note 17, at 79091 tbl.1. As Anna leaves the courtroom, she tells her mother she did great. See Amy T.Y. In this scenario what would be the subsequent possibility? App. 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). 53. 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. This book therefore presents several ethical dilemmas. The woman cries: Someone kidnapped my baby! It made me wonder, though, what would have happened if Kate had been healthy. 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. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. All rights reserved. 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. In certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. This gives the idea that Annas best interests and welfare are closely tied to those of her family, who. The Massachusetts Supreme Judicial Court authoritatively introduced this list in In re Guardianship of Roe, 421 N.E.2d 40 (Mass. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. It was also based on a novel of the same name. First, we have the moral issue surrounding Anna's birth. 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. 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 . This essay will focus on three events in Annas life, and discuss how each event in the characters life had an affect on her physical, psychosocial and cognitive development. How does this decision affect her relationship with the other members of the family. This approach seems inevitable, as evidenced by the requirements even in liberal jurisdictions that allow for the euthanasia of minors only when the minors illness is terminal, incurable, and causes suffering that cannot be alleviated. My Sister's Keeper (2009) cast and crew credits, including actors, actresses, directors, writers and more. Our summaries and analyses are written by experts, and your questions are answered by real teachers. Sick of serving as her sister's keeper, Anna wants the right to use (or not use) her body however she wants, a move that sends the already stressed-out family into an uncomfortable courtroom scenario. Do you think it would work? I asked. I have thought of this daughter only in terms of what she will be. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. 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 . 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 foreign jurisdictions, however, minors have recognized rights against parental decision-making that are based in their bodily integrity rights. Instances where moral values would be in conflict would be when the parents must ask themselves, does it make them bad parents to use one child to save another? In the movie Kate says to Anna that is okay if she doesn't want to donate her kidney because Kate didn't want to live anymore, she wanted to die. /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. Belgian Senate Votes to Extend Euthanasia to Children, BBC News (Dec. 12, 2013), http://www.bbc.com/news/world-europe-25364745. 705 N.E.2d 1155 (Mass. Being dishonest with themselves and dishonest with their children is a conflict. 20. 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