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. It made me wonder, though, what would have happened if Kate had been healthy. 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 . Genesis 4:8. Ct. App. 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. This substantially limits the choices a minor may actually have when undergoing medical treatment. Kate Fitzgerald had been ill since her childhood. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. 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 . Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. 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. Finally, think about Kate's desire to die and how she has influenced Anna into starting the lawsuit. 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. 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. And in yet another memorable cameo, Alec Baldwin injects a much-needed shot of comic relief as an attorney for Anna who decides to seek "medical emancipation" from her family. Later in the story, it is revealed that is was Kates idea to not want Anna to donate anymore. The recipient of the 2003 New England Book Award for her entire body of work, she is the author of twenty-seven novels, including the #1 New York Times bestsellers House Rules, Handle With Care, Change of Heart, and My Sister's Keeper, for which she received the American Library . 2. 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. As Anna leaves the courtroom, she tells her mother she did great. Casey, 505 U.S. at 857. Kate goes on a date with Taylor. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. at 313 (Brennan, J., dissenting). Is it worth trying to discover who you really are if that quest makes you like yourself less? Sisters Empower. Other sets by this creator. Coleman & Rosoff, supra note 17, at 79091 tbl.1. Warmly told from each character's point of view, a move that mirrors Picoult's own writing style, the audience has a better opportunity to connect with everyone involved. 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. 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. 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. 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. Id. While they were in the field, Cain attacked his brother Abel and killed him. See Christyne L. Neff, Woman, Womb, and Bodily Integrity, 3 Yale J.L. First, we have the moral issue surrounding Anna's birth. In . 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. A kidney transplant?. References CMN4100. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. B.A. the conduct and demeanor of the minor at the time of the incident involved would determine whether a minor had the capacity to consent to medical treatment.15 Other states have adopted the doctrine by judicial decision or statute,16 although with slight variations.17 In some states, the criteria of the doctrine are more accommodating than others. A designer baby, as they have come to be known, is a child genetically engineered in vitro for selected traits. from Franciscan University of Steubenville M.A. 20069 . So in a move that's been widelyand passionatelydebated online, the story's conclusion has been softened a little. Key words: Moral Value, Good impact, My Sister's Keeper I. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. One of the main moral dilemmas in "My Sister's Keeper" by Jodi Picoult is how parents should balance the needs of their children. The most obvious struggle for Anna In her desicion to pursue legal action . 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 . Legal Issues 637 (1999), for an example of how these statutes may differ. Although the decision to move her mother to the hospice was difficult to accept, it was a welcomed event. Anna sued her parents for the right to her own body, for Kate and for herself. It was also based on a novel of the same name. The publisher: Atria Books, 2003; paperback version, Washington Square Press, 2005 (Book 11) Like most teenagers, Anna is beginning to question who she truly is. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. 20. 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. A sister is not jealous of her sibling's calling: Now Cain said to his brother Abel, "Let's go out to the field.". My Sister's Keeper is a 2009 film that focuses on the story of a family where a daughter has a severe illness. In order to explain the theory efficiently, defining the theory and then applying it to a literary work will be necessary. How does it affect the kidney donation issue? Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. 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. Work Licensure, 791 A.2d 125, 128 n.4 (Me. Id. dominant kinds of moral values found in the film My Sister's Keeper by Nick Cassavetes is Bravery. One of this novel's strengths is the way it skillfully demonstrates the subjectivity people bring to their interactions with others. 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. 2008). Under Tennessee law, in order for a minor-patient to give valid consent to a medical procedure, he or she must demonstrate the capacity to consent to and appreciate the nature, the risks, and the consequences of the medical treatment involved.39 In the leading case addressing this issue, parents on behalf of their minor child sued an osteopath who had treated for subluxation of the spine and bilateral sacroiliac slip.40 The minor-plaintiff sought treatment with the defendant by herself after informing her parents of her intent to see him so that he could treat her back pain.41 The court determined that, under the rule of sevens,42 the minor-plaintiff was presumed to have the capacity to consent to the defendants treatment.43 Additionally, the court stated that a minors capacity to consent is also contingent upon the minors abilities, experiences, education, training, and degree of maturity, as well as upon the minors ability to understand the risks and consequences of treatment.44 The court also elected to consider the totality of the circumstances, as well as the actual nature, risks, and probable consequences of the treatment sought.45. Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. 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. Many of the cases mentioned earlier in this note were accompanied by state child protection intervention. This book therefore presents several ethical dilemmas. 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 . Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. Determined to do whatever it takes to keep her daughter alive, she and her husband Brian (Jason Patric) don't have many options for treatment available. If one of them gets severely sick, I would absolutely do whatever I can to bring them back to their normal health. "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. and Mrs. Samuel D. Riddle have recalled fthjlr Invitations to a. dinner at the RlU-Carlton Itetore the Bal Masque owing to the death of Mfv . Kate shows that she is sincerely apologetic toward Anna for always dragging her down with her when she is sick. Menu. 5. 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. 1981). 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. A minors right to refuse lifesaving treatment is limited, even when that minor can otherwise demonstrate his or her maturity. TV Shows. Other Quizlet sets. 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 "Sister" and "sister's" are the singular forms. 19. Judi Picoult had successfully published My Sister's Keeper in the year 2004. Kate's leukemia (APL) has affected every single one of her family members in that way. Name a treatment Kate has, and tell me some of the side effects she has to deal with. 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. Perhaps the strongest and only successful way that a minor has refused lifesaving treatment is through the right of religious freedom. My Sister's Keeper. The Biblical solution; and 3. . 53. Certainly, I would not be part of this family (8). 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. . She wanted to find her sister because thats the only family she has. 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