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 . 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. ISBN 978-4-15-208763-8. 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. Accessed 1 Mar. N.C. Gen. Stat. Dont do it, she repeated, and it wasnt until I heard her a second time that I understood what she was really saying. 1. Jodi Picoult received an AB in creative writing from Princeton and a master's degree in education from Harvard. 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. Step 2) Discuss and explore central . 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. The novel, My Sisters Keeper, is a story which follows a young girl through her life struggles as she tries to help her sister, enjoy her own life, and fight her mother for a right to her own body. She wants to have a say in how her body is being used, and she sues her parents for medical emancipation. In in some jurisdictions, determining the best interests of the minor involves an evaluation of the parent-child relationship. Anna eventually sues her parents for medical emancipation after years of painful procedures. 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 . The theme of history, myth and magic is affirmed in one of her bestsellers The Palace of Illusions (2008). I think she was only intent on doing what had to be done to keep her family intact by preserving the life of Kate. Latest answer posted August 26, 2009 at 6:42:54 AM. See Christyne L. Neff, Woman, Womb, and Bodily Integrity, 3 Yale J.L. & Feminism 327, 338 n.60, 339 (1991). This would give the court a disinterested partys opinion of that capacity, which is necessary in proceedings that have the potential to be highly charged and emotional. 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. Del. Meanwhile, the. She was born by using genetic engineering in vitro system for saving her sister's (Kate Fitzgerald) life. 13. Baird v. Atty Gen., 371 Mass. And now Anna's parents are insisting that she give her sister a kidney. Print Word PDF. (2010). Id. 76. I have thought of this daughter only in terms of what she will be. 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. Sure, the time-honored truth about the frailty of life certainly springs to mind. But in order to prove that she has provided informed consent, the minor must first prove that she has the capacity to do so. 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. Treatments considered lifesaving are almost always invasive, may have harmful side-effects, and are not always guaranteed to actually be lifesaving. 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 . Eur. Although the age of a minor does not necessarily speak to capacity, in order to make the right to refuse lifesaving medical treatment more agreeable to American jurisprudence, the right should only be available to minors who are not close to the age of majority unless the minor meets additional criteria that help demonstrate capacity to give informed consent. Sarah and Brian conceived Anna almost exclusively for the reason that Kate needed the umbilical cord blood in order to live. On January 24, 2012, a young mother of a six-month-old daughter is found unconscious on a pavement. 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. 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. "My Sister's Keeper" is a movie where one child, Anna, is conceived solely so her older sister Kate can fight leukemia. In Kates case, I feel the knowledge that Anna was conceived to save Kate did make Kate feel guilty. from Signum University. Anna has to deal with many different people accusing her of wrong doing to benefit herself or somebody else in letting somebody die. Throughout the movie, 926 Words 4 Pages Decent Essays Read More Better Essays Few cases have recognized a minors right to refusal, and the circumstances under which this refusal right is granted are limited. The My Sister's Keeper lesson plan contains a variety of teaching materials that cater to all learning styles. For more information, including her upcoming book signings and sample chapters of her novels, check out herWebsite. Jodi Picoults My Sisters Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. There is a moral dilemma here as well, and we are invited to reflect upon how much medical treatment is too much. 116. Legal Med. 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. The parents' desperate decision raises both ethical and moral questions and rips away at the foundation of . 60 terms. 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. 23 terms. 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. . Planned Parenthood of Southeastern Pennsylvania v. Casey,95 which interpreted its groundbreaking predecessor Roe v. Wade96 as a rule . 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 . After she had made it through the rough part of her experience, her perspective on life changed. 137. 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. Bodily integrity is a formidable opponent against governmental interests, even those that are strong and well-established. 53. 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. 21. Kate slowly started to get sicker and eventually died. B.A. 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 . Legal Issues 637 (1999), for an example of how these statutes may differ. References CMN4100. Kind moral "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. (quoting Schloendorff v. Socy of N.Y. All rights reserved. 136. 111. Derek Kroft, Informed Consent: A Comparative Analysis, 6 J. Intl L. & Prac. veronica_saldana. Thirteen-year-old Anna hires Campbell Alexander, an attorney, to sue her parents for medical emancipation. Sara and Brian live an idyllic life with their young son and daughter. INTRODUCTION Literary work produced by people is a medium to express ideas, feeling, or to describe someone or something. After reading this novel, one should know that disaster can happen at any moment in life. at 313 (Brennan, J., dissenting). Co. v. Botsford, 141 U.S. 250, 251 (1891): No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.. What is the theme. Synopsis. 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? The Diaspora life can be traced further in her work Queen of Dreams (2004) and Oleander Girl (2013). 66. I would not listen to them, and continue helping them get better. 2d 548, 553 (Fla. Dist. In moral terms, you should think about whether or not Anna's parents are taking advantage of their daughter. One of the ethical principles that can be found in the movie "My Sister's . Perhaps the most important factor in assessing capacity would be a determination that a refusal of treatment was made voluntarily. As Anna enters her teen years, she starts to question the entire purpose of . My Sister's Keeper . This would mean that in order for a minors right to refuse lifesaving treatment to be introduced into American jurisprudence, the standards that a minor has to meet must be high. Migration and population study guide. Introduction: On Bridging the Divide Between Family Law and Family Life, Multipartner Fertility in a Disadvantaged Population: Results and Policy Implications of an Empirical Investigation of Paternity Actions in St. Joseph County, Indiana, American Bar Association 1981). ; In re E.G., 549 N.E.2d 322, 326 (Ill. 1989). 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. Cain's response was, "Am I my brothers keeper?" and it has become a catch phrase for the last 7000 years. Latest answer posted October 24, 2019 at 3:11:22 PM. 37. 2002). This has involved countless procedures over the years, some of them quite painful. See Shawna Benston, Not of Minor Consequence? That night, Sara overhears Kate gushing about it to Anna. 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. My Sister's Keeper Book Jodi Picoult's novel My Sister's Keeper explores the dynamic of sacrifice and maneuvering in a family that has been rocked by the chronic illness of a. 120. However I do not think she meant for Anna to be at the mercy of her sister. Anna sued her parents for the right to her own body, for Kate and for herself. Connolly v. Bd. The accident was very traumatizing to Anna since she was awake during the entire accident, and that is why she becomes very nervous and scared all the time, and develops PTSD. 92. "my sister's keeper"). 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). 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). 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. The film "My Sister's Keepers" poses a moral dilemma concerning the predestined life of a girl who was conceived to save her sister. She also learns that the person in the other car, was her brothers girlfriend, Cameron Polk, and she died. Yes, it's possible: in vitro fertilization assured a perfect match. See id. 3. This substantially limits the choices a minor may actually have when undergoing medical treatment. Cloud State University M.A. 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. 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. Many of the concerns evident in the Florida courts analysis are applicable to a minors desire to refuse lifesaving medical intervention. Kate's leukemia (APL) has affected every single one of her family members in that way. a guardian who would consent to the blood transfusions and determined that E.G. Jodi Picoult's My Sister's Keeper is a novel that explores the difficult topic of the terminal illness of a sixteen-year-old girl and the lengths her family goes through in order to preserve her life. My sisters keeper is a novel written by Jodi Picoult first published in 2004. Medical emancipation can be either general or limited according to the structure of the statute. Throughout the novel she sues her mother for the right to her own body, she develops as an individual away from her sister. Asked by Shakya H #926861. Substantiated allegations of this unlawful influence could appropriately lead to criminal charges. 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. 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. Her pram is empty, there's no trace of the child. You love them in spite of the fact they're not". 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. You will need to think about the morality of Anna's parents specifically designing a baby to be a match for Kate. SYNOPSIS My Sister's Keeper tells about Anna Fitzgerald's life. 42. My Sister's Keeper is interlaced with flashbacks which develop its plot through different family relationships. Jodi Picoult's novel My Sister's Keeper explores several different moral issues. Answers: 1. Because religious beliefs implicate a fundamental right that is enumerated in the First Amendment to the Constitution, it is understandable that these beliefs are capable of supporting a minors decision to refuse lifesaving treatment. 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? Campbell has a crazy family life of his own, so he agrees to help her. Parl. They end up having another child (Anna) who is pathologically engineered to be a genetic match for the sick child. Union Pac. 359, 38789 (2000). Lesson 2 (sept 7,2021) Language Culture and society Eed Topic: First vs. Second Language. 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. They're tearjerkers, but never inThe Notebook sense. Response: If I were in the same situation Anna was in, I would do everything I can to save my sibling's life, even if my sick sibling tells me to stop helping them to get better. 2008). Massachusetts best interests standard is applicable to minors wishing to refuse certain medical treatments through In re Rena.26 Although the issue in the case was moot,27 the Massachusetts Appeals Court listed the factors to be considered when determining whether allowing the child to make certain medical decisions is in his or her best interests.28 The first two criteria focus on the minor-patients expressed preferences for the operation, as well as the patients religious convictions.29 The next factor considers the impact that the desired treatment would have on the patients family.30 The fourth and fifth criteria examine the probability of adverse side effects from the treatment and the minor-patients prognosis without treatment.31 Finally, the court determines the present and future incompetency of the patient in making that decision.32 The factors that focus on the minor-patient (i.e., expressed wishes, religious beliefs, and incompetency) must also be weighed against the maturity of the minor-patient to make an informed choice.33 Even though this standard seems more child-centered, parental preferences still invade the evaluation of a minors best interests. 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. Last updated by jill d #170087 3 years ago 9/8/2019 5:59 PM. There are many different kinds of ethical problems that Anna, as the designer baby, is the role she plays in her family, loyalty, illness, and medical ethics, and rights. Code Ann. Ethical Analysis Essay: My Sister's Keeper 4 upon her to keep her sister supplied with things from her body. This would help ensure that the minor has not been coerced into making the decision to refuse lifesaving medical treatment. The film My Sister's Keeper, based on a 2004 bestselling novel by Jodi Picoult, presents an extreme example of in vitro fertilization and genetic selection technology to confront the moral and social issues with these reproductive tools. 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