She becomes a girl who is constantly nervous and feels guilty. Connolly v. Bd. 26. Coleman & Rosoff, supra note 17, at 79091 tbl.1. Id. In the town of Upper Derby, Rhode Island in 2004, Brian and Sarah Fitzgerald, the parents in the book, have a sick daughter and learns that she only has a limited amount of time to live. Do you think it would work? I asked. 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. 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. Chances are, Id still be floating up in Heaven or wherever, waiting to be attached to a body to spend some time on Earth. from St. 4. tracyt. It was also based on a novel of the same name. 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. Based on Jodi Picoult's same-named novel, MY SISTER'S KEEPER is a bona fide tearjerker. See Shawna Benston, Not of Minor Consequence? She traveled to find her sister on her own. 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. Given the subject matter, how could it not be? The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). If the expert testimony suggests that a parent has unduly influenced a minor child into refusing treatment, the states child welfare system would need to become involved if it were not involved already. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. Latest answer posted August 26, 2009 at 6:42:54 AM. from St. 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. And the film does well what many other dramas about . Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. Article Images Copyright , California - Do Not Sell My Personal Information. I do believe the knowledge that Anna was conceived to save Kate affects both Annas and Kates perceptions of themselves. 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 certain states, an evaluation of a minors best interests is built into statutes that give minors access to abortions. Lai, To Be or Not to Be My Sisters Keeper?, 32 J. 39. Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . Because court involvement in a minors end-of-life decision is inevitable, it should be required that a psychologist make a determination of the minors capacity. What is the moral lesson of the story two brother? My Sister's Keeper is a novel by Jodi Picoult that was first published in 2003. She is has to make life changing decisions that can cause health complications down the road and affect the dynamic of her family. 11, 2014), http://www.loc.gov/law/foreign-news/article/belgium-removal-of-age-restriction-for-euthanasia. Name a treatment Kate has, and tell me some of the side effects she has to deal with. 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. 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. 357 (2006). 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. 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. 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. 78 terms. Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. 123. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. 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. Asked by Isabel B #907456. 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 . 97. LIVING IN THE MOMENT & HOPE. 122. 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. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. Educators go through a rigorous application process, and every answer they submit is reviewed by our in-house editorial team. 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. This book therefore presents several ethical dilemmas. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. View My sisters keeper reflection paper.docx from PHIL MISC at Wesleyan University-Philippines in Cabanatuan City. Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. It made me wonder, though, what would have happened if Kate had been healthy. Below is an explanation of the virtue ethics as a theory. Sara and Brian are always prepared to rush to the . & L. 557 (2006). "Most babies are accidents, not me. 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. References CMN4100. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. She is the only hope for Kate to get better. The book tells the story of Anna Fitzgerald, a 13 years old girl that was genetically selected to be a savior sibling to save her older sister's life. Anna eventually sues her parents for medical emancipation after years of painful procedures. 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). Statutes that grant minors certain rights to consent to medical treatment are sometimes called medical emancipation statutes. "my sister's keeper"). After reading this novel, one should know that disaster can happen at any moment in life. 705 N.E.2d 1155 (Mass. 35. dominant kinds of moral values found in the film My Sister's Keeper by Nick Cassavetes is Bravery. Genetically engineered as a marrow donor for her gravely ill sister, Anna has undergone countless surgeries in her short life. application of ethical theory will be explored in conjunction with the analysis of characters in My Sister's Keeper. Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. Anna was born to be additional parts for Kate. Jodi Picoult. In this scenario what would be the subsequent possibility? Last updated by jill d #170087 3 years ago 9/8/2019 5:59 PM. (quoting Schloendorff v. Socy of N.Y. Your membership has expired - last chance for uninterrupted access to free CLE and other benefits. Casey is considered the case that fixed the legal recognition of abortion rights. In re E.G., 549 N.E.2d 322, 325 (Ill. 1989). 1981). Cardwell v. Bechtol, 724 S.W.2d 739, 749 (Tenn. 1987). 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 . Sara and Brian live an idyllic life with their young son and daughter. So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. 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. from Franciscan University of Steubenville M.A. Reproductive rights have been imperative to the formation of the mature minor doctrine. First, we have the moral issue surrounding Anna's birth. She also gave her a bone marrow. Meanwhile, the. She is a housemaid and a widow that is stuck on her own trying to heal many people. 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. Latest answer posted October 22, 2010 at 3:25:56 AM. You will need to think about the morality of. 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. Animal Farm Vocab. 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). Communicative Competence 1 Linguistic 2 3 4. 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. She wanted to find her sister because thats the only family she has. Download the entire My Sister's Keeper study guide as a printable PDF! SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. The Movie: My Sister's Keeper, a New Line Cinema production, in theaters on June 26, 2009 and is rated PG-13. See Amy T.Y. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. Similar factors appear in other early cases that helped shape the mature minor doctrine. 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. She has published novels in multiple genres including realistic fiction, historical fiction, magical realism and fantasy. What words would describe Kate from My Sister's Keeper? She is no longer a girl who wants to fit in or feel cool. The operation takes place, but something goes wrong. 5. An Ethical Theme Of Genetic Engineering In The Movie My Sister's Keeper: [Essay Example], 557 words GradesFixer. Running Head: MY SISTER'S KEEPER: EXPLORATION OF ETHICAL ISSUES . 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. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. 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. 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 would have happened if Kate had been healthy film does well what many other dramas about,,... Both Annas and Kates perceptions of themselves governmental interests, even those that are strong well-established! Was also based on a novel by Jodi Picoult that was first published in 2003 to... The same name ( Ill. 1989 ) & Rosoff, supra note 17, at 79091 tbl.1 an! Give minors access to free CLE and other benefits give minors access to free CLE and other benefits would happened. Not be: EXPLORATION of ethical theory will be explored in conjunction with the of! 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